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Item No. 1 Application No: P/09/1095/2 Application Type:

Full Date Valid:

16th June 2009

Applicant: Mr P Cairns Proposal: Demolition of dwelling and erection of 13 dwellings with

access. (Revised scheme - refusal P/08/3100/2 refers) Location: 55 Chaveney Road, Quorn, Loughborough, LE12 8AB Parish: Quorn Ward: Quorn &

Mountsorrel Castle Ward

Case Officer:

Mr G Smith Tel No: 01509 632521

Description of the Application This application relates to a site located on the north-western side of Chaveney Road, to the east of Chaveney Walk and abutting the southern ends of Beacon Road and Craddock Drive. Cradock Drive includes a secondary pedestrian access to St Bartholomew’s School to the north of the site. The site currently accommodates a detached bungalow (No 55 Chaveney Road) and occupies an overall area of 0.597 hectares, which includes the private road currently serving No 55. The site abuts a spur of Chaveney Walk, which ends adjacent to the north-western boundary of the site. St Bartholomew’s school abuts the northern corner of the site. Chaveney Walk is an adopted road until it forks with a small section that abuts the site, which is a private drive. In February this year Plans Committee 2 refused a similar application for the following reason:

1. Policy guidance in PPS3 states that good design should contribute positively to making places better for people. Design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted. Policies H/16 and EV/1 of the adopted Borough of Charnwood Local Plan incorporate similar advice and require a high standard of design. The Council's adopted SPD "Leading in Design", encourages high quality design and the adopted Quorn Village Design Statement sets out guidelines for new development to follow.

The local planning authority considers that the layout and design of the proposed scheme would not result in a satisfactory form of development, for three reasons. First, the development would not meet the principle that new housing should take the opportunities available for improving the character and quality of the area. The uniform and symmetrical design of the dwellings fails to respect the distinctive identity and local character of the dwellings on Chaveney Walk. Accordingly, the development is not well integrated with,

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and neither does it complement the neighbouring dwellings on Chaveney Walk. Second, the failure to integrate with the surrounding development is exacerbated by the transition of the access road to serve the site from an adopted highway with footways to a private shared access road. Third, the site is known to be used as badgers' foraging territory and commuting route, and the development has not included satisfactory measures to prevent this territory and commuting route from being adversely affected. The proposal is therefore contrary to Part IV of Circular 06/2005 Biodiversity and Geological Conservation - Statutory Obligations and their Impact within the Planning System, and guidance contained in PPS9. For these reasons, the proposal would be contrary to policies EV/1 and H/16 of the development plan, would be contrary to the Council's adopted SPD "Leading in Design" and guidelines 3 and 4 of the Quorn Village Design Statement, and would conflict with the objectives of central government policy, contained in PPS3 and PPS9.

Appendix 1 is the previous report to committee which sets out the planning policy considerations to the previous and this proposal. The development is otherwise similar to the previous scheme described in Appendix 1 subject to the following changes which seek to address the previous reason for refusal:

1. Raised footpaths provided either side of the private access road, (these were not required by the Highway Authority), this is proposed to provide a continuation of the highway as it enters from Chaveney Walk.

2. The badger commuting route has been increased to 1.2 metres and 1 metre in width and Badger Gates provided.

3. Elevations have been amended to remove uniformity of design in an attempt to compliment but not copy housing on Chaveney Walk. The scheme includes a mix of house-types, a variety of scales and massing, styles ranging from cottages to ‘Georgian’ types of larger houses, elevations that are broken into small areas with different materials. Materials include facing bricks, different coloured renders and slate and plain clay tiles with a variety of window styles, eaves, doors and porches.

4. A speed control measure has been introduced which both slows vehicles and is similar to one on Chaveney Road.

5. Garden depths have been slightly reduced on plots 1, 2, 3 and 4 to facilitate a wider access road.

The applicant has updated the badger survey which verifies that there are no badger setts within the application site at the time of writing. The report states that evidence of badger foraging and commuting routes and access points into neighbour’s gardens were identified. The ecologist acknowledges that it is not an ideal time to undertake surveys due to high vegetation, however no obvious paths were recorded and therefore it is unlikely any setts are present. Mitigation measures previously recommended are proposed. If works proposed are delayed beyond two months a revised survey is recommended.

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Development Plan Policies and other material considerations • Development Plan Policies East Midlands Regional Spatial Strategy Policy 1 - Regional Core Objectives This seeks • To ensure that the existing housing stock and new affordable and market housing address need and extend choice in all communities in the region. • To improve the health and mental, physical and spiritual well being of the Region's residents through improvements in: air quality;’ affordable warmth’; the availability of good quality housing; and access to health, cultural, leisure and recreation facilities and services. • To protect and enhance the environment through the protection, enhancement, sensitive use and management of the region’s natural cultural and historic assets, Policy 2 - Promoting Better Design The layout, design and construction of new development should be continuously improved, including in terms of reducing CO2 emissions and providing resilience to future climate change, by: • design led approaches which take account of local natural and historic character; • minimising energy use, reducing the heat impact of urban areas, using sensitive lighting, improving water efficiency, • providing for sustainable drainage (SUDS) and management of flood water, securing energy from decentralised and renewable or low carbon energy technologies, • incorporating sustainably sourced and recycled materials wherever possible, and considering building orientation at the start of the design process; • making the most efficient use of land; • locating and designing access from new development to local facilities on foot, by cycle or by public transport; • highway and parking design that improves both safety and the quality of public space; • design which helps to reduce crime and the fear of crime, supports community safety, promotes vitality, maintains amenity and privacy, and benefits the quality of life of local people; • and provide for access to open space and the enhancement of biodiversity and landscape quality. Policy 3 states amongst other things: In assessing the suitability of sites for development priority should be given to making the best use of previously developed land and vacant or underused buildings in urban or other sustainable locations contributing to the achievement of 60% of additional dwellings on previously developed land or conversions. PPG13 Transport Objectives are the following: 1. promote more sustainable transport choices

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2. promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling, and 3. reduce the need to travel, especially by car. It seeks to accommodate housing principally within existing urban areas, planning for increased intensity of development for both housing and other uses at locations which are highly accessible by public transport, walking and cycling; To promote more sustainable patterns of development and make better use of previously developed land, the focus for additional housing should be existing towns and cities. PPG3 requires local planning authorities to build in ways which "exploit and deliver accessibility by public transport to jobs, education and health facilities, shopping, leisure and local services". PPG3 also requires local authorities to "place the needs of people before ease of traffic movement in designing the layout of residential developments" and to "seek to reduce car dependence by facilitating more walking and cycling, by improving linkages by public transport between housing, jobs, local services and local amenity. To promote more sustainable residential environments local planning authorities should "avoid the inefficient use of land" (avoiding developments of less than 30 dwellings per hectare net), encourage housing development which makes more efficient use of land (between 30 and 50 dwellings per hectare net) and "seek greater intensity of development at places with good public transport accessibility, such as city, town, district and local centres or around major nodes along good quality public transport corridors". Local planning authorities should "examine critically the standards they apply to new development, particularly with regard to roads, layouts and car parking, to avoid the profligate use of land Responses of Statutory Consultees

The Highway Authority reaffirms its previous comments (see Appendix 1) requesting conditions be attached. It confirms that the proposal provides car parking in accordance with their requirements.

The County Council’s resource officer highlights the development underway on the neighbouring school site and draws attention to the badger survey and mitigation measures proposed due to the impact of that scheme on badgers.

Natural EnglandNatural England’s Wildlife Officer has visited the application site regarding a license application and confirms no evidence of a badger sett on the site was present. Natural England have confirmed that they do not object to this revised proposal and support the Borough Council’s Senior Ecologists view and proposed planning conditions. The Councils Senior Ecology Officer does not object to the amended application. She considers the badger corridors to be acceptable. She also was consulted and is aware of the development of the school and the assessment and mitigation measures proposed which included the closure of a sett on the neighbouring land. She

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confirms that in her view there is no reason to sustain a refusal of the amended application on the basis of the harm it will cause to Badgers.

Contribution requests The County Council requests infrastructure contributions are sought for the following: Libraries £760; Education (the upper school) £22032; Civic Amenity £336; The NHS requests a contribution of £14587 towards the provision or improvement of healthcare facilities for the local surgery. The required contribution for youth, adult recreation facilities is £8472 and for children’s play is £12,792. The Leisure/open space officer would not wish to see amenity areas adopted by the council and request a contribution to off-site provision is sought. Other Comments Received Quorn Parish Council object stating the following:

o The reasons given for refusal of the previous application for this site have not been addressed satisfactorily;

o The design of Chaveney Walk as it exists is of distinctive character and design and the proposed development is an extension of the existing. It does not match the existing or improve the character and quality of the area;

o The development proposed is of a uniform and symmetrical design and does not integrate or complement the existing and is contrary to PPS3;

o There are no suitable routes for construction traffic for a development of this size.

o Concern regarding the treatment towards the badgers active in this area and considers an updated survey of the site should take place;

The Loughborough and District Civic Trust consider the revised scheme overcomes the previous concerns regarding the continuation of pavements, the contrast between homogeneity of the new work and the variety of Chaveney Walk but considered these not to have been serious concerns to the character of Quorn. It considers traffic concerns to be inevitable in particular access for construction vehicles. At the time of writing no objection has been received from The Leicester Badger Group. Objections received from over 22 residents of Quorn refer to the following issues:

o The detrimental impact of the development the site on badgers particularly in the context of the development works within the school site and the additional pressure put on the badger population;

o The proposed badger runs create possible crime and disorder issues for future residents;

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o Concerns that construction traffic of 75% from Craddock Drive and 25% from Chaveney Walk, will disturb neighbours and be detrimental to pedestrian safety especially schoolchildren at peak arrival/departure times;

o Concerns regarding the maintenance and ownership of the badger runs; o The development represents a higher density 20% higher than Chaveney

Walk and is therefore out of character. Reference to recent planning applications on Cross Hill Lane where reference to 27 dwellings per hectare being acceptable in that instance and a previous decision in Barrow where the Regulatory Committee overturned a recommendation to refuse on the grounds that a lower density (18.2 dwellings per hectare) met the local need of Barrow for bungalows and bungalows for the elderly.

o Reference to the Inspectors appeal decision on Brunsleigh Croft in Hathern where the inspector considered that to refuse the development on the grounds of insufficient density of 20 dwellings per hectare was unfounded;

o The house-types are too large and overbearing being out of character with Chaveney Walk. They are predominantly 2½ or 3 storey which are incompatible with the existing mix of 2, 2½ and 3 storey mix;

o Inadequate parking and the provision of raised footpaths will lead to visitors parking on the pavements;

o Doubling the number of vehicles using Chaveney Road will increase congestion and parking pressures on the highway having safety concerns for children especially near the amenity area;

o Poor access for emergency services; o This scheme which includes varying of roof heights, adding some porches and

varying window designs, does not overcome the previous reasons for refusal particularly as the development remains too symmetrical and fails to compliment the unique or ‘ad hoc’ character of houses on Chaveney Walk. It will result in a modern add on to a stylish Georgian influenced road;

o Concerns of massing; the range of house sizes with significantly more bedrooms than existing houses leading to overall larger houses; the axes/angles used and the feel of the design which does not create an evolved street.

o Loss of mature trees and hedgerows; o Loss of privacy into existing houses on Chaveney Walk due to additional

passing vehicles; Consideration of the Planning Issues The key considerations include the following: The principle of development. The site is within a sustainable location and therefore the principle of sustainable development is considered to be acceptable. The site is considered to be a sustainable location for development and there is pressure on the Borough Council to identify sites for further residential development within the Borough as a whole as it is currently falling short of its required 5 year supply of land. Density PPS3 sets the Governments aim to achieve a minimum density requirement of 30 dwellings per hectare. This policy seeks to make the most efficient use of land, in

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particular, of Brownfield and therefore sustainable sites. Reference has been made to the proposal being contrary to PPS3 suggesting concerns regarding good design and layouts respecting the character of the area which should result in lower densities. Excessive density was not, however, a reason given for refusing the previous application. As previously stated the proposal (without Plot 13 which effectively replaces the loss of the existing bungalow) represents a density of 29 dwellings per hectare for the land serving the 12 new dwellings. The neighbouring development on Chaveney Walk has an approximate density of 25 dwellings per hectare (this excluded the amenity open space area), and much of the site is given to road access. The narrow section of Chaveney Walk when considered alone (the entrance excluding No 87 Chaveney Road) represents a density of approximately 29 dwellings per hectare. Most of the area of this part of the development is access road. The proposal is considered similar and therefore not out of character in density terms to the existing housing area. It is also considered to represent a reasonably efficient use of the land and, although falling just short of the recommended minimum of 30 dwellings per hectare. Given the need to provide additional wildlife corridors and the attempt to sympathise with the character of the area, in this instance to fall slightly below 30 dwellings per hectare is considered acceptable. Representations received in relation to this proposal have also referred to considerations of building sizes and in particular, advice from the Commission for Architecture and the Built Environment (CABE). CABE’s guidance in relation to densities states:

The starting point for any residential development should be the form of development that is best suited to the constraints of the site in terms of the layout, massing and type of housing and public realm but not the numerical target.

In that context, a table of floorspaces has been submitted comparing existing with proposed houses; the existing houses identified in the table range from rather small to significantly large. It seems likely that the smaller houses are those around the narrow access to Chaveney Walk and the larger are those alongside the entrance to the development site. The proposed are similar in size to the larger properties on Chaveney Walk. It is considered that this reflects and demonstrates the reference by CABE to providing housing that is best suited to the constraints of the site. The entrance to Chaveney Walk was narrow and constrained, however the wider area at the end of Chaveney Walk was not, leading to larger sized houses. Therefore as the current application site is on a wider space the type of houses best suited to the constraint of the site are those proposed and these accord well with No.s 25 – 33 Chaveney Walk. It is considered likely that altering the current proposal to provide smaller houses will result in higher densities. For example, if the footprint of No.s 4-12 Chaveney Walk is overlaid onto the space occupied by No.s 25-29 Chaveney Walk, an additional 2 dwellings would result. Alternatively a reduction in density is likely to

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have generated even larger houses. In this context the size of the houses proposed is considered to accord with CABE’s advice and reflect the constraints of the site. 3 previous planning decisions in Charnwood in which density considerations occurred have been cited. They refer to the following:

o Cotes Road in Barrow upon Soar where the Regulatory Committee considered the need for bungalows and in particular bungalows for the elderly were a material consideration in allowing a density of 18.2 dwellings per hectare. There is no such consideration that applies to this development.

o The recent consideration of a development at Cross Hill Lane referred to 27 dwellings per hectare being acceptable due to wildlife constraints on the site. It is acknowledged that wildlife constraints similarly affect this application, however, the mitigation measures proposed by the developer have been carefully reviewed and are considered acceptable by Natural England and the Council Senior Ecology Officer.

o The third example, an inspector’s decision at Hathern, was severely restricted by highway constraints from the access which would not enable additional numbers of houses to be served off the private access drive. The Inspector considered this constraint was a material consideration to justify a lower density of 20 dwellings per hectare.

Each development was considered due to the constraints of the particular site, and therefore in accordance with CABE advice. As consideration to density, and to how this development can be best suited to the constraints of the site, has been given, it is the view of the Director that these other decisions support and reinforce the conclusions of this report regarding character, size of dwellings, whilst seeking to make the most efficient use of the land available. Impact upon protected speciesThis was addressed in some detail in Appendix 1. Nevertheless the committee considered the previous application, and as the Council’s Senior Ecologist previously opposed that scheme, there was justification to oppose it on the detrimental impact to badgers. However given the alterations to the badger corridors and provision of Badger gates, and in the context of further survey information that confirms no sett is present on the site, the Senior Ecologist does not consider there to be a sustainable reason to refuse the application on the impact to protected species. Natural England and the Leicestershire Badger Group do not object which seems to endorse this view. It is the Director’s view that there is no sustainable evidence to support a reason to refuse this application on the impact to Badgers. Design The revised proposed access road would be similar in character to Chaveney Walk. The scheme meets many of the urban design requirements of housing developments, with properties fronting the street and parking located to the rear where possible, the creation of perimeter blocks and the use of natural surveillance onto the public realm. The applicant has amended some house-types to avoid symmetrical appearance. Notably the Civic Trust considers the revised scheme successfully addresses the previous concern. Chaveney Walk has a number of individually designed houses. However the properties at the end of Chaveney Walk are of a

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larger size and perhaps differ in character to those on entering off Chaveney Road. The two bungalows on Chaveney Court that abut the development site do not relate to Chaveney Walk at all. In passing down Chaveney Walk as it currently leaves the narrow lines of houses in the entrance area. It then widens out as it turns into the private drive leading towards the development. In this context the proposed houses are not considered likely to have a discordant affect on the street scene as it transmits from Chaveney Walk into the development. Given the amendments to housetypes which have reduced uniformity, and in the context of how the proposed development will extend onto the private drive element of Chaveney walk where larger houses exist, the design of the development together with the additional footpaths is considered satisfactory and in the Directors view overcomes the previous reason for refusal. Highways and Parking Vehicular access and parking was not previously a reason to refuse the application. Objectors previously argued that raised footways should be required in order to give good access for disabled users and to provide smooth continuation of the existing footways, this revised scheme now includes the provision of raised footways. The carriageway width has not altered from the previous scheme to the current. The Highway Authority has confirmed that in their view the development provides sufficient on-plot parking which includes that for visitors. The development provides 43 spaces when the Highway Authority has confirmed they require only 35 spaces. PPG13 and the Regional Plan emphasise that developments should not encourage the use of private vehicles and that parking standards should be represented as a maximum. Therefore it is the Director’s view that there is not a sustainable ground to support a reason for refusal based on insufficient parking. The Highway Authority considered previously that emergency vehicles have sufficient width of road to access the development site. It also considered that parking on an adopted highway that blocks the road would be viewed as an obstruction, which would be a matter for the police to consider. Access for Construction vehicles. The construction access to backland developments will inevitably impact upon immediate neighbours. Presumably the completion of Chaveney Walk must have impacted on the occupiers of houses on Chaveney Road and later the first houses completed. The access arrangements are to be conditionally agreed which in practise will require the advice of the Highway Authority. A suitable planning condition is attached. The applicant has confirmed that he has an agreement with the owner of the private drive (the developer of the original houses on Chaveney Walk), to allow only 25% of construction vehicles to access off Chaveney Walk. Therefore a significant degree of vehicular movement will inevitably take place off Craddock Drive. The applicant has indicated that he agrees to limit delivery vehicles accessing the site to periods after 09.00 hours and before 15.00 hours during term times to avoid conflict with schoolchildren in and around Craddock Drive. The Highway Authority have also confirmed that St Bartholomew’s School have an agreement with

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their construction traffic to serve the school’s development directly from their main entrance on Willowcroft. This will avoid peak times of 09.00 hours and 15.00 hours. The school is not directing children to the Craddock Drive area. The schools arrangements therefore seem identical to the traffic management proposed for construction vehicles serving this site. In this context the Highway Authority considers the applicants proposed access for construction vehicles to be acceptable. Therefore whilst neighbours concerns are acknowledged, given the developers proposed measures to avoid impacting on at peak times and the attached condition, the proposed access for construction vehicles is considered acceptable. Impact on neighbouring residential amenity and Amenity Space This was previously considered in detail in Appendix 1. As there is no material alteration to the previous scheme this is considered to be satisfactory and in accordance with current policy. Infrastructure Contributions The applicant has agreed and provided acceptable heads of terms towards the required contributions in accordance with the Developer Contribution SPD. RECOMMENDATION A (i) That authority is given to the Directors of Development and Governance and Procurement to enter into an agreement under Section 106 of the Town and Country Planning Act to secure infrastructure contributions, as detailed in the report. (ii) That delegated authority is given to the Director of Development to refuse planning permission in the event that the Section 106 Agreement has not been completed within the 13 week determination period for this planning application for the following reason: "The proposed development is a major scheme, which, without the appropriate supporting infrastructure in relation to libraries, education, civic amenity, recreational and healthcare provision contrary to the provisions of Policy ST/3 of the Borough of Charnwood Local Plan and the Council’s adopted Supplementary Planning Documents on Developer Contributions". RECOMMENDATION B That subject to the completion of an agreement relating to the matters in Recommendation A above, the Director of Development be authorised to grant planning permission, subject to the following conditions: Grant subject to legal agreement - Recommendation - subject to the following conditions:

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1 - The development, hereby permitted, shall be begun not later than 3 years from the date of this permission. REASON: To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 - No materials shall be placed on the site until such time as details of the type, texture and colour of the materials to be used on the external surfaces of the proposed development have been submitted for the agreement of the local planning authority. Only materials agreed in writing by the local planning authority shall be used in carrying out the development. REASON: To make sure that the appearance of the completed development is satisfactory. 3 - The development hereby permitted shall not commence until details of drainage for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first bought into use. REASON: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution. 4 - No development, including site works, shall begin until a landscaping scheme, to include those details specified below, has been submitted to and agreed in writing by the local planning authority: i) the treatment proposed for all ground surfaces, including hard areas; ii) full details of tree planting; iii) planting schedules, noting the species, sizes, numbers and densities of plants; iv) finished levels or contours; v) any structures to be erected or constructed; vi) functional services above and below ground; and vii) all existing trees, hedges and other landscape features, indicating clearly those to be removed.. REASON: To make sure that a satisfactory landscaping scheme for the development is agreed. 5 - The landscaping scheme shall be fully completed, in accordance with the details agreed under the terms of the above condition, in the first planting and seeding seasons following the first occupation of any part of the development or in accordance with a programme previously agreed in writing by the local planning authority. Any trees or plants removed, dying, being severely damaged or becoming seriously diseased, within 5 years of planting shall be replaced in the following planting season by trees or plants of a size and species similar to those originally required to be planted. REASON: To make sure that the appearance of the completed development is satisfactory and to help assimilate the development into its surroundings.

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6 - No dwelling or building on the site shall be occupied until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than domestic gardens, has been submitted to and agreed in writing by the local planning authority. The agreed landscape management plan shall then be fully implemented. REASON: To make sure that the appearance of the completed development is satisfactory and to help assimilate the development into its surroundings. 7 - The hedges located on the north-eatern and south-western boundaries of the application site shall be retained and maintained at a height no lower than 3 metres. Any part of the hedge removed, dying, being severely damaged or becoming seriously diseased shall be replaced, with hedge plants of such size and species as previously agreed in writing by the local planning authority, within one year of the date of any such loss. REASON: The hedge is an important feature in the area and its retention is necessary to help screen the new development and prevent undue overlooking of adjoining dwellings. 8 - The hedges located on the north-eatern and south-western boundaries of the application site shall be retained and maintained at a height no lower than 3 metres. Any part of the hedge removed, dying, being severely damaged or becoming seriously diseased shall be replaced, with hedge plants of such size and species as previously agreed in writing by the local planning authority, within one year of the date of any such loss. REASON: The hedge is an important feature in the area and its retention is necessary to help screen the new development and prevent undue overlooking of adjoining dwellings. 9 - The garages hereby permitted and car spaces to be provided shall be kept available for the parking of motor vehicles at all times. The garages and car spaces shall be used solely for the benefit of the occupants of the dwellings of which it forms part and their visitors and for no other purpose and permanently retained as such thereafter. REASON: To provide and retain a satisfactory degree of parking and in the interests of highway safety of the nearby highway network. 10 - Before the first occupation of plots 8, 10 and 11 hereby permitted the roof light windows at the rears of plots 10 and 11, and the first floor windows of the side (south-western elevation) of plot 8, shall be fitted with obscured glazing and shall be permanently retained in that condition thereafter. REASON: In the interest of safeguarding privacy of occupiers of neighbouring residential properties. 11 - Before the commencement of development the badger commuter route and the amenity space and fruit trees, detailed on drawing ref 1684/2 rev J received by the Borough Council on 28th January 2009, shall be provided in accordance with the approved plans and details within the letter from the applicant's consultant ecologist,

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received by the Borough Council on 28th January. The route shall be maintained in accordance with the landscape maintence plan approved under condition No 7. The badger commuting route shall be retained thereafter. REASON: To continue to provide access for a protected species to forage and cross the site in the interests of biodiversity. 12 - Prior to commencement of development detailed drawings and locations of badger gates on the north-west corner of the site and on the south-western boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. REASON: To continue to provide access for a protected species to forage and cross the site and in the interests of biodiversity. 13 - The Badger gates approved under condition 13 shall be implemented in accordance with the approved details, and the access to the 'Badger commuting route' shall be maintained thereafter. REASON: To continue to provide access for a protected species to forage and cross the site in the interests of biodiversity. 14 - No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: the parking of vehicles of site operatives and visitors loading and unloading of plant and materials storage of plant and materials used in constructing the development the erection and maintenance of security hoarding, wheel washing facilities, measures to control the emission of dust and dirt during construction a scheme for recycling/disposing of waste resulting from demolition and construction works, and details of access route for construction vehicles. REASON: In the interest of protection of neighbouring residential amenity. 15 - The dwellings shall achieve Level 3 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. REASON: In the interest of achieving sustainable dwellings. 16 - Before the development commences details of external lighting to the private drive shall be submitted to and approved in writing by the Local Planning Authority. REASON: In the interests of achieving a satisfactory development and provision of a secure environment. 17 - No dwellings hereby permitted shall be occupied until the lighting approved under condition 20 shall be implemented in accordance with the approved details and maintained thereafter. REASON: In the interests of achieving a satisfactory development and provision of a secure environment.

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18 - No development, including site works, shall take place until a scheme for the treatment of the application site boundaries has been submitted to and agreed in writing by the local planning authority. REASON: To ensure the satisfactory, overall appearance of the completed development. 19 - No use or occupation of the building hereby permitted shall take place until the scheme for boundary treatment, agreed under the terms of the above condition, has been fully completed. REASON: To ensure the satisfactory, overall appearance of the completed development. 20 - Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking or re-enacting that Order, with or without modifications, no alteration of the dwelling to provide additional windows to the north-west gable and flank wall of Plot 1 and the southwestern side and the first floor of gable walls of Plot 8 and Plot 13 hereby permitted as detailed on Plan ref 1684/2 Rev J shall be carried out. REASON:The carrying out of development of this type may have an unacceptable impact on the privacy of neighbouring occupiers. 21 - Notwithstanding the details submitted, no dwelling hereby permitted shall be occupied until such time as traffic calming has been provided on the private road serving the site, in accordance with details that shall first have been submitted to and approved by the local planning authority. REASON: To ensure vehicle speeds are kept to an acceptable level with the site. 22 - The proposed private shared driveway and turning area shall be provided, hard surfaced and made available for use before any dwelling hereby permitted is first occupied and it shall thereafter be permanently so retained. REASON: To enable vehicles to enter and leave the site in a forward direction in the interests of the safety of road users. 23 - No walls planting or fencing, other than that indicated on the approved plans, shall be erected or allowed to grow on the front boundary of each property that exceeds a height of 0.6 metres above the level of the proposed private shared access road. REASON: To afford adequate visibility at the access/junction to cater for the expected volume of traffic joining the existing highway network and in the interests of general highway safety. 24 - Prior to commencement of development mitigation measures shall submitted to and approved in writing by the local planning authority to ensure that badgers are protected on the site during the development phase. The mitigation measures shall include the provision of ramps over trenches overnight to allow badgers to escape, and pipes over 200mm in diameter shall be capped overnight. The approved mitigation measures shall be implemented in accordance with the approved details. REASON: In the interests of the protection of protec species.

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Informatives 1 DEVELOPMENT PLAN POLICIES RELEVANT TO THIS DEVELOPMENT - Policies ST/3; TR/6; EV/1 and H/16 of the Borough of Charnwood Local Plan (adopted 12th January 2004) PPS3; PPS9 and PPG13 and the emerging Core Strategy of the Local Development Framework have been taken into account in the determination of this application. The proposed development complies with the requirements of these saved Local Plan policies and there are no other material considerations which are of significant weight in reaching a decision on this application. 2 Planning permission has been granted for this development because the Council has determined that, although representations have been received against the proposal, it is generally in accord with the terms of the above-mentioned policies and the Council's adopted Supplementary Planning Document 'Leading in Design' and 'Section 106 Developer Contributions' and the Quorn Village Design Statement, and, therefore, no harm would arise such as to warrant refusal of planning permission. 3 The Leicestershire Constabulory recommend the developer seeks to meet 'Secure by Design ' standards. They further suggest gates and fences be erected to deter access to the rears of property, perhapos bewteen garages and the dwellings. 4 The lighting required by condition No 20 should be similar to the heritage style of street lighting on Chaveney Walk. 5 The proposal is situated in excess of 45 metres from the highway. In order to cater for emergency vehicles the drive and any turning areas shall be constructed so as to cater for a commercial or service vehicle in accordance with British Standard B.S.5906, 2005 and Building Regulations Approved Document B, Fire Safety 2006. 6 The proposed roads do not conform to an acceptable standard for adoption and therefore they will not be considered for adoption and future maintenance by the Highway Authority. The Highway Authority will, however, serve APCs in respect of all plots served by all the private roads within the development in accordance with Section 219 of the Highways Act 1980. Payment of the charge should be made before building commences. Please note that the Highway Authority has standards for private roads which will need to be complied with to ensure that the APC may be exempted and the monies returned. Failure to comply with these standards will mean that monies cannot be refunded. For further details see www.leics.gov.uk/htd or phone 0116 3056782. 7 On the basis of the plans at our disposal, it would appear that the site does not have a common boundary with the adopted highway on Chaveney Walk. The Applicant

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should demonstrate that a right of access into the site exists before commencing development. 8 Any street furniture or lining that requires relocation or alteration shall be carried out entirely at the expense of the applicant, who shall first obtain the separate consent of the highway authority. 9 If temporary directional signing is to be provided, prior approval is obtained from the County Council's Area Manager for the size, design and location of any sign in the highway. It is likely that any sign erected in the highway without prior approval will be removed. Before drawing up a scheme, the Area Managers' staff (0116 3052104) will be happy to give informal advice concerning the number of signs and the locations where they are likely to be acceptable.

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APPENDIX 1 Report to Plans Committee 2 19th February)

Application No: P/08/3100/2 Application Type: Full Date Valid: 11th December 2008 Applicant: Mr P Cairns Proposal: Demolition of dwelling and erection of 13 dwellings with access.

(Revised scheme - withdrawn P/08/2038/2 refers) Location: 55 Chaveney Road, Quorn, Loughborough, LE12 8AB Parish: Quorn Ward: Quorn & Mountsorrel

Castle Ward Case Officer:

Mr G Smith Tel No: 01509 632521

Description of the Application This application relates to a site located on the north-western side of Chaveney Road, to the east of Chaveney Walk and abutting the southern ends of Beacon Road and Craddock Drive. The site currently accommodates a detached bungalow (No 55 Chaveney Road) and occupies an overall area of 0.597 hectares, which includes the private road currently serving No 55. The site abuts a spur of Chaveney Walk, which ends adjacent to the north-western boundary of the site. St Bartholomew’s school abuts the northern corner of the site. Chaveney Walk is an adopted road until it forks with a small section, that abuts the site, which is a private drive. The proposal is to demolish the existing bungalow and erect 13 houses, 12 of which will be accessible from Chaveney Walk and the other from the drive off Chaveney Road which currently serves No 55. The scheme includes 5 detached houses (3 four bed, 1 five and one five/six bedroom) 6 link detached (1 three-bed, 3 four-bed and two-4/5 bed) and two semi-detached (three-bed) houses. The scheme includes an extension to Chaveney Walk with a turning area and garage spaces for 16 vehicles and hard standing drive space for approximately 26 vehicles. The houses are a mix of mock Georgian styles with ridged roofs, gable fronted with first floor bay windows and exposed timbers, and a smaller cottage housetype with first floor dormer windows. Plots 6 and 7 are a focal point enclosing views on entry to the site. The applicant’s refers to the use of advice from CABE in submitting the Design and Access statement. The proposal has sought active frontages, a visual focal point of Plots 6 and 7 with a planted area, and most of the vehicular parking being away from the street frontage. The scheme has attempted to sympathise with the existing Chaveney Walk development. The proposals will be minimum code 3 of the Codes for Sustainable Homes and will include solar panels, a high degree of insulation and the use of air source heat pumps. The proposal has been amended in an attempt to address concerns of close proximity between plots 9-12 and No.'s 1 and 2 Chaveney Court. Plot 9 no longer includes a second floor, and its rear facade is 19 metres from a rear bay window of No 2 Chaveney Court with which has a perpendicular juxtaposition.

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Development Plan Policies and other material considerations • Development Plan Policies East Midlands Regional Spatial StrategyPolicy No 1 seeks amongst other things; 1. To address social exclusion, through the regeneration of disadvantaged areas and reducing regional inequalities in the distribution of employment, housing, health and other community facilities; 2. To protect and where possible enhance the quality of the environment in urban and rural areas so as to make them safe and attractive places to live and work; 3. To improve the health of the region's residents, for example through improved air quality, the availability of good quality well designed housing and access to leisure and recreation facilities; 6. To achieve effective protection of the environment. 7. To increase in the level of the region’s biodiversity, by managing and developing habitats and ensuring no net loss of priority habitats and species; 8. To promote the prudent use of resources and effective use of existing infrastructure, optimise waste minimisation, reduce overall energy use and maximise the role of renewable energy generation; 10. To promote good design in development so as to achieve high environmental standards and optimum social benefits. Borough of Charnwood Local Plan (adopted 12th January 2004) ST/2 - Limits to development.

ST/3 – Infrastructure. – The Borough Council will seek reasonably related infrastructure or community facilities by entering into a legal agreement.

EV/1- Design – to seek a high standard of design, respect and enhance the local environment including scale, character, form and function of existing settlements and the open and undeveloped nature of the countryside; compatible with the locality, safeguards important viewpoints, skylines, Safeguards the amenities of adjoining properties particularly privacy and light to adjoining residential properties. The Borough Council will seek to ensure a high standard of design in all new developments. Planning permission will be granted for new development which amongst other things:

i) respects and enhances the local environment including the scale, location, character, form and function of existing settlements and the open and undeveloped nature of the countryside;

ii) is of a design, layout, scale and mass compatible with the locality and any

neighbouring buildings and spaces; iii) utilises materials appropriate to the locality;

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iv) provides positive and attractive built frontages to existing or proposed public spaces including roads, footpaths, waterways and areas of public open space;

vii) safeguards the amenities of adjoining properties, particularly the privacy and

light enjoyed by adjoining residential areas;

ix) minimises the opportunity for crime to create a safe and secure environment. EV/20 – Landscaping in new development. Planning permission for new development will be granted where a high standard of appropriate landscaping is provided to the satisfaction of the Borough Council. EV/39 – Development and pollution. - Planning permission will not be granted which would result in serious risk to health or general amenities of nearby residents or involve development likely to suffer poor amenity due to excessive noise, disturbance or other polluting effects. H/16 Design and layout of New Housing Developments. - Within the Primarily Residential Areas defined on the Proposals Map planning permission will be granted for residential purposes (Class C3) provided the design and layout:

i) respects the character and appearance of the street scene, adjoining residential areas and overall settlement form particularly in terms of scale, massing, materials and setting;

ii) takes account of the effect of variations in site levels and utilises elements of design, plot orientation, spacing of dwellings and landscape to foster energy conservation and create for occupiers and neighbours appropriate standards of privacy, access to natural lighting to primary rooms, exposure to direct sun lighting of garden areas and protection from sources of noise, excessive traffic movement or other disturbance;

iii) creates attractive and distinctive open spaces and play areas iv) uses the landform and existing features in and around the site, of v) would not result in the loss of significant trees, land or landscape features of

high amenity value nor other sites of historical or ecological value vi) creates an individual sense of place with an identity based on attractive and

distinctive townscape vii) creates a designed informal edge softening the visual impact of

development onto areas of open land; viii) minimises the opportunity for crime ; ix) provides a safe community environment based on attractive pedestrian,

cycle and vehicular access, and circulation space for residents and the general public especially those with disabilities and children;

x) which accesses the majority of dwellings from a road network with vehicle speeds restricted to be compatible with pedestrian and road safety by appropriate design and traffic calming measures;

TR/6 Traffic Generation from New Development.- Development not permitted if it results in the unsafe operation of the highway system.

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TR/18 Parking Provision in new development. - Planning permission will not be granted unless off street parking for vehicles and servicing arrangements are included to secure highway safety and minimise the harm to visual and local amenities. RT/4 Youth/Adult Play in New Development. - Seeks 425sq metres of recreational space per 10 dwellings. When this cannot be provided on site the council will seek contributions to the provision of recreational facilities. RT/5 Amenity Open Space in New Development. – Seeks the provision of 38sq metres of amenity open space per 10 dwellings. • Other Policies PPS3 Housing – Sets the Government’s key Housing policy goals including the following:

• To achieve a wide choice of high quality homes both affordable and market housing, to widen opportunities for home ownership; to improve affordability across the housing market, and to achieve sustainable, inclusive mixed communities in all areas both urban and rural.

• It refers to the need for developments to achieve high standards of design. Design

which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted.

• It welcomes schemes that are accessible to public transport and open space; is well integrated with neighbouring buildings; facilitates efficient use of resources and adapt to climate change; takes a design lead approach to car parking; creates or enhances a distinctive character that relates well to surroundings; retains or re-establishes bio-diversity.

• It seeks the achievement of mixed housing in terms of tenure and sizes.

• Local Planning Authorities may wish to set out a range of densities across the plan

area rather than one broad density range although 30 dwellings per hectare net should be used as a national indicative minimum to guide policy development and decision-making.

PPS9 Biodiversity and Geological Conservation. This considers the protection of networks of natural habitats stating that Local Authorities should maintain networks avoiding fragmentation and isolation of natural habitats. It also refers to protection of species of principle importance for the conservation of biodiversity in England. Planning Authorities should ensure that these species are protected from the adverse effects of development. PPG13 Transport Para 17 requires parking policies to be framed with good design in mind, recognising that car ownership varies with income, age, household type, and the type of housing and its location. They should not be expressed as minimum standards. Local authorities should revise their parking standards to allow for significantly lower levels of off-street parking provision, particularly for developments in locations, such as town centres, where services are readily accessible by walking, cycling or public transport.

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Borough Council’s adopted SPD Leading in Design This seeks to achieve high quality designs, recommends developments consider the context and character of the area, and sets out guidelines as to appropriate separation distances to ensure acceptable levels of privacy is provided To protect privacy, between rear building elevations containing main habitable room windows should be spaced by: • 21m for 2-storey dwellings; • 27.5m for 3-storey dwellings and above. Where elevations containing main ground floor habitable room windows would face windowless flank walls, over-dominance will generally be avoided by providing: • 9.5m minimum distance between the two elevations where the flank wall is single-storey; • 12.5m for 2-storey flank walls; and • 15.5m for 3-storey flank walls. Single-storey flank walls can be sited closer where a hipped-roof form is proposed. Where the facing windows are secondary windows or serve non-main habitable rooms, these guidelines will not apply and proposals will be considered on their merits. The Building Research Establishment’s guidelines for establishing loss of light – the 45- degree rule – shall be applied, including in relation to existing properties. The rule is explained in the Council’s ‘House Extensions’ Supplementary Planning Guidance. Borough Council Supplementary Planning Document – Developer Contributions. This sets out the Council’s considerations for infrastructure requirements. Further Policy Considerations. The Council’s Settlement Hierarchy, which forms the evidence base from which the Core Strategy of the Local Development Framework will emerge, considers Quorn to be a Service Centre where existing services and public transport facilities exist in appropriate levels to support further residential developments. Quorn is considered by the Settlement Hierarchy to be a sustainable location. Quorn Village Design Statement states amongst other things the following: • Guidelines 2.1 and 2.2 states that:

• the landscape setting of Quorn should be protected in order to preserve the distinct identity of the village and retain its character.

• the provision of adequate off street parking should be a condition of any

development, particularly within the village centre where there are evident existing parking problems.

• Guideline 3 states that: There should be no adverse impact on wildlife habitats. • Guideline 4 states that:

• new development should respect the diverse origins of the village and avoid uniformity. Variety and innovative contemporary design is encouraged subject to

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harmonising with the scale and character of the immediate locality and the village as a whole.

• Housing development should provide a mix of house types, sizes, and

affordability to provide for the diverse cultural, social and physical needs of residents.

• The mix of roof heights, chimney stacks and pots, buildings on the pavement

edge and others set back, alleyways and ginnells creating closed spaces contrasting with open spaces should be protected and maintained within new developments to provide visual ‘punctuation’.

• The gradual increase in building density towards the centre of the village should be maintained.

• Guidelines 5.1 & 5.2 deal with Setting, Character, Scale and Design, Green Spaces and state that:

• Quorn is characterised by a pleasing jumble of roof heights and variety of architectural styles. New developments should maintain this variation and avoid uniformity.

• These guidelines seek to encourage sympathetic and unobtrusive insertions and

additions without discouraging contemporary design. The ruling criteria for ‘modern’ insertions are sympathetic scale, harmonising materials and respect for context.

• Standard designs within large new developments should be customised to reflect the

character of the village. New developments should embrace a variety of contextually appropriate styles and details. Village scale buildings incorporating terraces, open spaces, ‘steps and staggers’ and footpaths are preferred to executive style housing built on individual plots.

• Guidelines 5.3 (1) - Distinctive Features / Materials indicates that:

• Traditional Quorn is unified by the use of a small palette of local building materials - ‘Tucker’ red brick, Swithland slate, Mountsorrel granite and rough cast render. New developments should seek to match these materials.

Circular 06/2005 Biodiversity and Geological Conservation – Statutory obligations and their impact within the Planning System.

• Protection of Badgers Act 1992. –The circular advises that although the badger is not a rare animal over most of England, there is specific legislation for the protection of badgers under the Protection of Badgers Act 1992. It is widely known that badgers have been the victim of persecution and cruelty over many years. With certain exceptions it is unlawful to kill, injure, take or possess a badger, or attempt to do so. It is also an offence to cruelly ill-treat a badger, and, with certain exceptions, to interfere with a badger sett. English Nature is responsible for issuing licences under section 10(1)(d) of the Protection of Badgers Act 1992.

• It goes on to say that the likelihood of disturbing a badger sett, or adversely affecting

badgers’ foraging territory, or links between them, or significantly increasing the

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likelihood of road or rail casualties amongst badger populations, are capable of being material considerations in planning decisions. Although consideration of the case for granting a licence is separate from the process of applying for planning permission, a planning authority should advise anyone submitting an application for development in an area where there are known to be badger setts that they must comply with the provisions of the Act.

• Other Material Considerations The Crime and Disorder Act 1998 places a duty on the local planning authority to do all that it reasonably can to prevent crime and disorder in its area. The potential impact on community safety is therefore a material consideration in the determination of this planning application.

Relevant Planning History A similar scheme for 13 houses was recently submitted but withdrawn by the applicant. The neighbouring residential development on Chaveney Walk was permitted in the late 1990’s. Responses of Statutory Consultees

The Highway Authority has the following considerations:

• It considers the site should be accessed from Chaveney Walk; • Construction traffic should largely use Chaveney Walk although some access off

Beacon Road but outside of school drop-off/pick-up times and with the provision of suitable signing;

• As the end of Chaveney Walk, from which access is to be taken, is not an adopted highway, and therefore the applicants will need to demonstrate that they have a right of access to use it to gain access to their site to implement the scheme. However the Highway Authority has no objections to the principle of this development being served via a private unadopted road. The proposal does include a new dwelling served off the existing substandard private drive off Chaveney Road. As this access already serves a single dwelling on the plot, the status quo is not affected and therefore the Highway Authority has no grounds to seek to resist this element of the proposal.

• The proposed layout provides garages which accord to the minimum standards given in Leicestershire County Council's design guide, and as such it is expected that given their large internal dimensions they will be used for car parking as well as leaving sufficient room for storage. As such, the Highway Authority is prepared to count these as usable parking spaces. In terms of parking provision, the proposed layout provides parking in accordance with County Council standards, and therefore it is likely that only limited visitor parking would take place on the proposed access road. Therefore the access road and turning area should be free from obstruction at all times. Conditions are recommended as set out in the recommendation below.

Natural England

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Natural England objects to the proposal stating that the application has not satisfactorily demonstrated whether or not the development would have an adverse effect on species protected by law. Natural England further considers that, given the area around the site and the school grounds is already developed, (as opposed to open countryside), consideration should be given to the need for sufficient land to provide for the foraging habits of the badger clan, thus ensuring that the badger population is be sustained. They have therefore sought further information regarding the status of the existing setts. However if the Council are minded to permit the development Natural England propose appropriate conditions. These conditions are included in the main report. Natural England also request condition be attached regarding the provision of replacement habitat for Bats which they state were formerly known to occupy the bungalow. A recommended condition has been attached to this report. The Councils Senior Ecology Officer objected to the original proposal. The applicant’s ecological report states that the development will reduce the amount of foraging habitat in the short term, whilst the development is under construction, but that in the long term the new residential gardens will be accessible to badgers which may use the gardens for foraging. This is unsatisfactory as new private gardens should not be relied on as badger foraging ground as this is likely to lead to future conflicts between residents and badgers. The report states that the development is also likely to provide badger commuting routes to other gardens and that, although close board fencing will be erected around the development site, badgers will be able to dig under the fencing, and therefore, that the site will be available for commuting through. This is again unsatisfactory, as this would likely lead to future conflicts between new residents and badgers and there is no guarantee that such routes would remain available to badgers in the long term. The development proposal is likely to affect the local badger population through loss of foraging ground and disruption to established commuting routes, but the proposed mitigation measures are inadequate. The Government Circular states that the likelihood of adversely affecting badgers’ foraging territory or links between them is capable of being a material consideration in planning decisions. Following this objection the applicant has amended the proposal to include the badger run and fruit trees are to be planted in the front amenity areas. The Senior Ecologist considers that the proposed mitigation measures are unacceptable stating that:

• The width of the badger commuting route appears too narrow particularly along the whole of the southern boundary as it will comprise the base of the hedgerow. This width is insufficient.

• The proposed grassing over of the badger commuting route is impractical along the southern boundary as it will be located at the bottom of an existing hedgerow.

• There are concerns that local residents will treat the commuting corridor at the back of their properties as a dumping ground for their garden refuse. Responsibility to ensure that the badger commuting route remains viable should remain with the developer or an appointed management company, at all times, under an agreed management plan.

• Given the high level of current badger foraging activity on site, the proposed foraging

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ground appears to be insufficient. The current layout does not allow for the provision of sufficient space as foraging ground, and the loss of foraging ground on that scale is likely to put increased pressure on neighbouring gardens and residents.

• The foraging ground should remain outside the residential curtilage to ensure that it is remains secure and accessible to the badgers in the long term. Responsibility for this area should remain with the developer or an appointed management company, at all times, according to an agreed management plan.

• There should be badger gates installed at each entrance to the badger commuting route and at the level of the existing vehicular access, to keep dogs out. The location should be agreed in advance with the local planning authority and should be installed prior to any other development work on site.

• The recommendations contained in sections 6.2 and 6.3 of the ecological consultant’s badger survey should be made a condition of any planning permission.

The width of the commuting route and the provision of sufficient foraging are, appear not to be robust enough to ensure that the local badger population will not be detrimentally affected by the planning proposals. Unless these issues can be addressed more adequately, I recommend that the application be refused. The Leicestershire Constabulary Architectural Liaison Officer has no objections to the scheme but has the following observations:

• Additional windows should be inserted to the ground floor of side gables of Plots 1,12 & 13 to improve natural surveillance;

• The amenity space on the original layout fronting plots 1, 2, 10, 11 and 12 may be used for anti social behaviour or litter areas. (These areas have now been reduced due to the repositioning of houses on amended layouts).

• Lockable gates should be provided to side/rear access, located near to the front of the dwelling where possible, in order to avoid any hiding areas or excessive alleyways.

• All boundaries should be treated in accordance with the Planning Statement submitted.

• Planting should not exceed 1m in height to allow natural surveillance of the site where possible.

• The requirements of Secured by Design should be encouraged. Severn Trent Water has no objection and requests an appropriate condition be attached. Contribution requests The County Council requests infrastructure contributions are sought for the following: Libraries £760; Education (the upper school) £22032; Civic Amenity £336; The NHS requests a contribution of £14587 towards the cost of healthcare facilities. The required contribution for youth, adult recreation facilities is £8472 and for childrens play is £12,792. The Leisure/open space officer would not wish to see amenity areas adopted by the council and request a contribution to off-site provision is sought.

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Other Comments Received The Quorn Parish Council objects on the following grounds:

• The entrance from Chaveney Road onto Chaveney walk, which would serve the development immediately narrows to a single vehicle width;

• Being a short cul-de-sac with a small green area at the bottom, it is the practice for children to play at this point;

• Just before the proposed access point to the application site, there is a sharp right hand bend which is currently avoided by service vehicles.

The Parish Council is concerned that the design of this part of Chaveney Walk did not really take into account a possible extension of housing and the resultant increase of traffic. There is considerable doubt that two vehicles can pass comfortably at this point particularly in the presence of a larger vehicle. Road safety is of utmost importance particularly as far as children currently living on Chaveney Walk are concerned. The Parish Council supports the views of the Borough Council’s Senior Ecologist. The Loughborough and District Civic Trust have concerns regarding the generation of extra traffic including commercial and emergency vehicles; and amenity concerns for existing residents but acknowledge it is likely only to have local effects. The Leicester Badger Group objects on the following grounds:

• the badgers on the adjacent school grounds would be greatly disturbed, will be prevented from following their traditional routes and will lose much of their foraging area both during and after development.

• the badgers will not be compensated for the loss of foraging by the new gardens when the development is completed. Much of the land will have been built on and the new gardens may well contain large areas of hard surfaces such as block paving and decking rather than lawns and flowerbeds. Moreover the new residents may well object to badgers damaging their new gardens and this will generate extra work for the council.

• The consultant has failed to propose mitigation such as planting native fruit trees or retaining public grassed areas within the development to provide extra food for the badgers.

• The close-boarded fencing around the site will prevent the badgers from crossing the site on their customary routes. It is quite unsatisfactory to suggest the badgers will dig under the fence as the new residents could quite easily block these holes or even install badger-proof fencing. Again they may well object to badgers damaging their fences and this will generate extra work for the council.

The Head teacher from St Bartholomew’s school objects on the grounds that:

• It is likely to have pedestrian safety issues for children walking to school; • The impact upon protected species living within the school playing fields; • It is likely to add to the demand for school places already overburdened.

Over 40 letters of objection received from residents of Quorn refer to the following issues:

• There is poor access for the construction vehicles due to a sharp right hand, blind corner at the bottom of Chaveney Walk;

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• Concern of how a 75% - 25% split between construction traffic accessing from Chaveney Walk and Craddock Drive will operate and how in practice it will avoid school drop-off/pick up times;

• Poor access for emergency vehicles and dustcarts due to the insufficient space/width of Chaveney Walk. An additional burden will exacerbate the problem. Reference is made to the requirement for emergency vehicles to access sites in ‘Manual for Streets’ and in the Building Regulations.

• Increase in the road traffic and issues around road safety where accidents have occurred, in particular, in the area of the green space. As there are many children living nearby who use this green space, an additional volume of traffic coming in and out would make the area far more dangerous for pedestrians; Reference is made to policy concerns with road safety in the Borough of Charnwood Local Plan;

• Lack of traffic calming; • The possibility that the new development will become a gated community; • Loss of privacy whilst construction vehicles pass houses on Chaveney Walk; • Impact on Quorn’s public services, roads, schools, dentists, doctors etc; • Concerns that construction traffic may enter from Craddock Drive;

o Craddock Drive extension does not have any pavements, and is used by a lot of local children and those commuting to and from school on foot and on cycles. (St. Bartholomew’s have a cycle to school scheme, which it would not be able to continue over a rutted road)

o Craddock Drive extension is narrow and in a very poor state of repair and would deteriorate dramatically if use by heavy construction vehicles increasing dust and mud on the roads;

o Craddock Drive extension and Beacon Avenue are narrow roads, with cars continuously parked. The presence of construction traffic in this area will reduce available parking space, in an area that already becomes congested at certain times of the day

• The proposed application has too many houses in such a small space, • Concern that additional pressure on parking on Chaveney Walk could lead to

parking restraints for existing occupiers; • New residents should be informed of narrow width of access for emergency vehicles

in case of insurance claims; • It would be more in keeping with the design of the current housing in Chaveney

Walk, if the house on Plot 1 were built further forward. • The combination of Plot One’s house and garage will block open views out from No

25 Chaveney Walk; • Plot One has increased 0.8 metres in overall height from the previous scheme

combined with a reduction of 0.5 metres in the side elevation of the house in reality does little to address or alleviate the severe impact on No 25 Chaveney Walk.

• The number of car parking spaces proposed visible from the kitchenof Plot 1 is four; it could potentially have a row of car roofs visible the kitchen window of No 25.

• There are substantial issues regarding loss light to No 25; • If planning permission is approved for Plot One, permitted development rights

should be removed to ensure no additional windows are provided having overlooking issues for No 25;

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• The parking requirement for the 12 houses should be for 40 spaces within the extension of Chaveney Walk. The developer is only offering 38. This will lead to additional burden outside the site.

• The garages should not be considered as parking spaces; • Insufficient turning space; • Access to the drive of No 25 Chaveney Walk is also likely to become severely

restricted as a result of on-street parking overflowing from the proposed development. This is because the angle of our drive means that we require a clear sweep into the road in order to exit. Cars parked – either immediately outside of our house or across the street would make access impossible. The result of this would be another 2 cars parked on Chaveney Walk causing further congestion.

• The plan has insufficient amenity space. Given the very small size of each of these separately, they do not provide any space for children to play. Some existing houses on Chaveney Walk lack gardens increasing the need for play space.

• We believe that the section of Chaveney Walk occupied by numbers 25 & 27 is currently un-adopted. If this is the case, would this mean that the extension into the proposed development would also be un-adopted with concerns regarding access rights, and maintenance responsibility.

• Heritage Lighting should be continued in the new development. • The properties are mostly 3-storey and visually unattractive with garages in their

gardens cramming large properties on small footprints and visually unattractive. • The height and density of the properties will restrict the light to neighbouring

properties particularly the adjacent bungalows to which they are sited too close. • The applicant gives the impression that all the boundary hedges and trees are in his

ownership. They are not and he has no control over their retention as he suggests. • Plots 9, 10, 11&12 will have the visual impact of a single largely three-storey

building and have a totally overbearing impact on the bungalows at 1 & 2 Chaveney Court. The distance from two directly facing side lounge windows at 1 Chaveney Court to the rear elevation of Plots 9&10 is only 13 metres. Additionally the distance from our directly facing sitting room bay window is only 16 metres. All of these windows are within the 21 or 27.5 metre requirements as appropriate. Below the required minimum.

• The measurements from the rear of Plots 9, 10 and 11 are taken to the centre of the boundary trees at 1 Chaveney Court whereas the tree centres are around 2 metres inside our boundary and therefore the measurements are exaggerated. The rear of these 3 storey properties to our boundary is approximately just 8 metres which is unacceptably close and inevitably restricts our privacy, light and natural enjoyment of our property.

• Plot 11 is a three-storey building directly overlooking 2 Chaveney Court and the minimum distance should therefore be 27.5 metres which is not achieved.

• The rear of the garages to plots 9, 10 & 11 will be very close to the boundary at 1 Chaveney Court and will disturb and damage the tree roots. They have windows to their rear elevation which again will be intrusive to our windows and garden.

• Plot 8 is a tall and substantial property and its visual impact will be overbearing on No1 Chaveney Court. The sitting room window at 1 Chaveney Court directly faces Plot 8 which is only 16 metres. Two French doors are only 17 metres away, again within the minimum required by planning guidelines. This property is only 2 metres

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from large and established trees and will severely damage the tree roots. Again the garage to Plot 8 has a window to the rear elevation which will be intrusive.

• Concern regarding impact on protected species; the Badger Survey shows that badgers use the development site extensively for foraging. Whilst they will be able to forage in the gardens both access and availability of food will be greatly reduced.

• Concern of flood risk; • The proposal is to cram as many houses on the field as possible, being inconsiderate

to the current community & the local wildlife.

Consideration of the Planning Issues The key considerations include the following: The principle of development. The site is within a sustainable location and therefore the principle of sustainable development is considered to be acceptable. The site is considered to be a sustainable location for development and there is pressure on the Borough Council to identify sites for further residential development with the Borough as a whole currently falling short of its required 5 year supply of land. Density The proposal (with the proposed badger run subtracted from the site area) represents a density of 29.2 dwellings per hectare for the land serving the 12 new dwellings. The neighbouring development on Chaveney Walk appears to represent an approximate density of 25 dwellings per hectare, although this scheme includes an open space amenity area, and much of the site is given to road access. This scheme for 12 houses is at a density of 29.2 dwellings per hectare. It is considered similar to the existing housing area in character, but is also considered to represent an efficient use of the land and, although falling just short of the recommended minimum of 30 dwellings per hectare, is considered appropriate. There is no requirement for affordable housing on a site of this size. Impact upon protected speciesThe issue relating to the protection of badgers, which are a protected species, is somewhat complex. It is not known from records how the neighbouring Chaveney Walk development mitigated against its impact on the nearby badger population. Clearly badgers have been identified crossing the site and foraging within it. However there are no known setts within the site. The impact of development upon badger foraging land can be a material consideration. Nevertheless it is important to acknowledge that the foraging grounds referred to are in fact a private residential garden at present. An occupier of the current house (No 55) could erect fencing to prevent badgers accessing the site without the need for planning permission. The proposal provides a development which seeks to enable badgers to continue to cross the site, and to a limited degree continue foraging with the introduction of fruit trees on the amenity spaces. It is accepted that to expect badgers to find foraging land within private gardens is not desirable, given the conflict they may meet with residents. The developer’s ecological consultant makes it clear that the commuter routes would not be within the residential gardens. Conflict of the proximity of the routes and hedgerows seems unusual as the hedgerows are where a number of points of access for the badgers currently

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exist and a low picket fence need not impact on the hedgerow itself. There may be room to further increase the width of the run in some areas but cannot be widened on the northwestern boundary without further impact on the However the badgers are located within a suburban area which is substantially residential properties. The site does not merit any special nature reserve status and is not proposed as such. If lawful works could take place to deny access for badgers to the site at present, removing any concerns regarding badgers, it is not considered reasonable to refuse development on this issue, particularly as the amended scheme seeks to retain access and some foraging area even if these are not ideal, and having the additional benefit that these can be retained by condition for the future. Therefore to permit the scheme would enable control of access for the badgers, when to refuse the application could lead to no access available whatsoever. Given the otherwise sustainable location and advantages that this windfall site provides, on balance subject to the conditions the proposed mitigation measures are considered to be acceptable. Design The design and access statement submitted by the applicant indicates an interesting and thoughtful layout and mix of house-types considered to be in keeping with the neighbouring recently developed residential area. The proposed access road would be similar in character to Chaveney Walk. The scheme meets many of the urban design requirements of housing developments, with properties fronting the street and parking located to the rear where possible, the creation of perimeter blocks and the use of natural surveillance onto the public realm. There are notably few concerns regarding the design concept contained within the letters of objection. Highways and Parking The Highway Authority welcomes the site being served from Chaveney Walk. The Highway Authority has confirmed the proposed parking provision accords with County Council’s residential parking standard which are maximum standards, parking for visitors being included within their off street requirements. Residents of Chaveney Walk refer to existing parking problems. However it seems that most of these problems exist with residents themselves and their visitors perhaps preferring to park on the street rather than in the accommodation provided off street. The loss of the end of Chaveney Walk as a quiet dead-end is not considered to be a defensible reason to oppose the scheme. The current road layout omitted any turning facility and the juxtaposition with the neighbouring land suggests the road layout was designed with original intention to, one day, gain access to the neighbouring site. Whilst the concerns about the loss of this quiet termination of Chaveney Walk is understandable, this would be the same for any development accessing off the end of an existing road. The Highway Authority considers that emergency vehicles have sufficient width of road to access the development site. It also considers that parking on an adopted highway that blocks the road would be viewed as an obstruction, which would be a matter for the police to consider. The issue of the ownership or maintenance responsibilities relating to the provision of a private drive are not material planning considerations.

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Residents do not have a right to a view across neighbouring land. The parking of vehicles off-site on drives in association with residential occupation is not considered significantly detrimental to residential amenity to justify refusing the application. Indeed this layout is similar to the drives of some residents present on Chaveney Walk. The visual impact would be identical if they chose to park vehicles in a linear fashion on their driveways. The construction access is to be conditionally agreed with the advice of the Highway Authority. Impact on neighbouring residential amenity. The Director of Development carefully assesses all the relationships between new and existing dwellings and can confirm that the standards set in the Council’s adopted SPD ‘Leading in Design’ are met by the development.

Amended Plots 9-12 are not three-storey in height. Plots 10 and 11 have accommodation in the roofspace and include rear rooflight windows serving bathrooms only. Therefore rear to rear distances need to comply with the 21 metre separation detailed within Appendix 4 ‘Leading in design. The guideline standards in Appendix 4 do not deal specifically with all the varieties of relationships that occur on this proposal. However the development is considered to provide appropriate levels of privacy ensures overdominance and significant loss of light by the proposal is prevented. Amenity Space It is acceptable for developments of this size to provide contributions for child play provision when not practicable to provide play-space within such small sites. However it is notable that all the proposed houses have private garden space, unlike the Chaveney Walk existing development. The requirement for amenity space, under policy RT/5, is met by the small amenity areas fronting the road. Infrastructure Contributions The applicant has agreed and provided acceptable heads of terms towards the required contributions in accordance with the Developer Contribution SPD. RECOMMENDATIONS A. That authority be given to the Directors of Development and Governance and Procurement to enter into an agreement under Section 106 of the Town and Country Planning Act to secure infrastructure contributions as detailed in the report. B. That the Director of Development be authorised to grant planning permission following the completion of the section 106 Agreement, subject to the following conditions: 1. The development, hereby permitted, shall be begun not later than 3 years from the date of this permission. REASON: To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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2. The development shall be carried out only in accordance with the details and specifications included in the submitted application, as amended by the revised drawings Nos. 1684/2 Rev J, 1684/3 Rev D, 1684/4 Rev C, 1684/8 Rev C, 1738/9 Rev F, 1684/11 Rev D, received by the local planning authority on 28th January 2009 and showing amendment to Plots 1,2,8,9,10,11,12 and 13 and revised layout. REASON: To make sure that the scheme takes the form agreed by the authority and thus results in a satisfactory form of development. 3. No materials shall be placed on the site until such time as details of the type, texture and colour of the materials to be used on the external surfaces of the proposed development have been submitted for the agreement of the local planning authority. Only materials agreed in writing by the local planning authority shall be used in carrying out the development. REASON: To make sure that the appearance of the completed development is satisfactory. 4. The development hereby permitted shall not commence until details of drainage for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first bought into use. Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution. 5. No development, including site works, shall begin until a landscaping scheme, to include those details specified below, has been submitted to and agreed in writing by the local planning authority: i) the treatment proposed for all ground surfaces, including hard areas; ii) full details of tree planting; iii) planting schedules, noting the species, sizes, numbers and densities of plants; iv) finished levels or contours; v) any structures to be erected or constructed; vi) functional services above and below ground; and vii) all existing trees, hedges and other landscape features, indicating clearly those to be removed. REASON: To make sure that a satisfactory landscaping scheme for the development is agreed. 6. The landscaping scheme shall be fully completed, in accordance with the details agreed under the terms of the above condition, in the first planting and seeding seasons following the first occupation of any part of the development or in accordance with a programme previously agreed in writing by the local planning authority. Any trees or plants removed, dying, being severely damaged or becoming seriously diseased, within 5 years of planting shall be replaced in the following planting season by trees or plants of a size and species similar to those originally required to be planted. REASON: To make sure that the appearance of the completed development is satisfactory and to help assimilate the development into its surroundings.

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7. No dwelling or building on the site shall be occupied until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than domestic gardens, has been submitted to and agreed in writing by the local planning authority. The agreed landscape management plan shall then be fully implemented. REASON: To make sure that the appearance of the completed development is satisfactory and to help assimilate the development into its surroundings. 8. The hedges located on the north-eatern and south-western boundaries of the application site shall be retained and maintained at a height no lower than 3 metres. Any part of the hedge removed, dying, being severely damaged or becoming seriously diseased shall be replaced, with hedge plants of such size and species as previously agreed in writing by the local planning authority, within one year of the date of any such loss. REASON: The hedge is an important feature in the area and its retention is necessary to help screen the new development and prevent undue overlooking of adjoining dwellings. 9. No development, including site works, shall begin until the hedges located on the north-eastern and south-western boundaries of the application site have been protected, in a manner previously agreed in writing by the local planning authority. The hedge shall be protected in the agreed manner for the duration of building operations on the application site. REASON: The hedges are an important feature in the area and this condition is imposed to make sure that they are properly protected while building works take place on the site. 10. The garages hereby permitted and car spaces to be provided shall be kept available for the parking of motor vehicles at all times The garages and car spaces shall be used solely for the benefit of the occupants of the dwellings of which it forms part and their visitors and for no other purpose and permanently retained as such thereafter. Reason: To provide and retain a satisfactory degree of parking and in the interests of highway safety of the nearby highway network. 11. Before the first occupation of the dwellings hereby permitted the roof light windows at the rears of plots 10 and 11, and the first floor windows of the side (south-western elevation) of plot 8, shall be fitted with obscured glazing and shall be permanently retained in that condition thereafter. Reason: In the interest of safeguarding privacy of occupiers of neighbouring residential properties. 12. Before the commencement of development the badger commuter route and the amenity space and fruit trees, detailed on drawing ref 1684/2 rev J received by the Borough Council on 28th January 2009, shall be provided in accordance with the approved plans and details within the letter from the applicant's consultant ecologist, received by the Borough Council on 28th January. The route shall be maintained in accordance with the landscape maintence plan approved under condition No 7. The badger commuting route shall be retained thereafter. Reason: To continue to provide access for a protected species to forage and cross the site in the interests of biodiversity.

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13. Prior to commencement of development detailed drawings and locations of badger gates on the north-west corner of the site and on the south-western boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. Reason: To continue to provide access for a protected species to forage and cross the site and in the interests of biodiversity. 14. The Badger gates approved under condition 15 shall be implemented in accordance with the approved details, and the access to the Badger commuting route shall be maintained thereafter. Reason: To continue to provide access for a protected species to forage and cross the site in the interests of biodiversity. 15. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors ii) loading and unloading of plant and materials iii) storage of plant and materials used in constructing the development iv) the erection and maintenance of security hoarding, v) wheel washing facilities, vi) measures to control the emission of dust and dirt during construction vii) a scheme for recycling/disposing of waste resulting from demolition and construction works, and details of access route for construction vehicles. Reason: In the interest of protection of neighbouring residential amenity. 16. The dwellings shall achieve Level 3 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. Reason: In the interest of achieving sustainable dwellings. 17. Before the development commences details of external lighting to the private drive shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of achieving a satisfactory development and provision of a secure environment. 18. No dwellings hereby permitted shall be occupied until the lighting approved under condition 20 shall be implemented in accordance with the approved details and maintained thereafter. Reason: In the interests of achieving a satisfactory development and provision of a secure environment. 19. No development, including site works, shall take place until a scheme for the treatment of the application site boundaries has been submitted to and agreed in writing by the local planning authority. REASON: To ensure the satisfactory, overall appearance of the completed development.

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20. No use or occupation of the building hereby permitted shall take place until the scheme for boundary treatment, agreed under the terms of condition No. 19, has been fully completed. REASON: To ensure the satisfactory, overall appearance of the completed development. 21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking or re-enacting that Order, with or without modifications, no alteration of the dwelling to provide additional windows to the north-west gable and flank wall of Plot 1 and the southwestern side and the first floor of gable walls of Plot 8 and Plot 13 hereby permitted as detailed on Plan ref 1684/2 Rev J shall be carried out. REASON:The carrying out of development of this type may have an unacceptable impact on the privacy of neighbouring occupiers. 22. Notwithstanding the details submitted, no dwelling hereby permitted shall be occupied until such time as traffic calming has been provided on the private road serving the site, in accordance with details that shall first have been submitted to and approved by the local planning authority. REASON: To ensure vehicle speeds are kept to an acceptable level with the site. 23. The proposed private shared driveway and turning area shall be provided, hard surfaced and made available for use before any dwelling hereby permitted is first occupied and it shall thereafter be permanently so retained. REASON: To enable vehicles to enter and leave the site in a forward direction in the interests of the safety of road users. 24. No walls planting or fencing, other than that indicated on the approved plans, shall be erected or allowed to grow on the front boundary of each property that exceeds a height of 0.6 metres above the level of the proposed private shared access road. REASON: To afford adequate visibility at the access/junction to cater for the expected volume of traffic joining the existing highway network and in the interests of general highway safety. 25. 4 weeks prior to the commencement of development a further badger survey shall be carried out in accordance with the consultant ecologist's recommendation and submitted to and approved in writing by the local planning authority. Reason: In the interests of the protection of protected species. 26. Prior to cxommencement of development mitigation measures shall submitted to and approved in writing by the local planning authority to ensure that badgers are protected on the site during the development phase. The mitigation measures shall include the provision of ramps over trenches overnight to allow badgers to escape, and pipes over 200mm in diameter shall be capped overnight. The approved mitigation measures shall be implemented in accordance with the approved details. Reason: In the interests of the protection of protec species. 27. Prior to occupation of the dwellings hereby permitted, details of four new bat roosts for Pipistrelle bats shall be submitted to and approved in writing by the Local Planning

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Authority. The approved scheme shall be implemented in accordance with the approved details and retained therafter. Reason: In the interest of the replacement of habitat for protected species. The requirements of these conditions must be complied with. The following notes should be taken into account when carrying out the development: 1. DEVELOPMENT PLAN POLICIES RELEVANT TO THIS DEVELOPMENT - Policies EV/1 and H/16 of the Borough of Charnwood Local Plan (adopted 12th January 2004) and the emerging Core Strategy of the Local Development Framework have been taken into account in the determination of this application. The proposed development complies with the requirements of these saved Local Plan policies and there are no other material considerations which are of significant weight in reaching a decision on this application. 2. Planning permission has been granted for this development because the Council has determined that, although representations have been received against the proposal, it is generally in accord with the terms of the above-mentioned policies and the Council's adopted Supplementary Planning Document 'Leading in Design' and, therefore, no harm would arise such as to warrant refusal of planning permission. 3. The Leicestershire Constabulory recommend the developer seeks to meet 'Secure by Design ' standards. They further suggest gates and fences be erected to deter access to the rears of property, perhapos bewteen garages and the dwellings. 4. The lighting required by condition No 20 should be similar to the heritage style of street lighting on Chaveney Walk. 5. The proposal is situated in excess of 45 metres from the highway. In order to cater for emergency vehicles the drive and any turning areas shall be constructed so as to cater for a commercial or service vehicle in accordance with British Standard B.S.5906, 2005 and Building Regulations Approved Document B, Fire Safety 2006. 6. The proposed roads do not conform to an acceptable standard for adoption and therefore they will not be considered for adoption and future maintenance by the Highway Authority. The Highway Authority will, however, serve APCs in respect of all plots served by all the private roads within the development in accordance with Section 219 of the Highways Act 1980. Payment of the charge MUST be made before building commences. Please note that the Highway Authority has standards for private roads which will need to be complied with to ensure that the APC may be exempted and the monies returned. Failure to comply with these standards will mean that monies cannot be refunded. For further details see www.leics.gov.uk/htd or phone 0116 3056782. 7. On the basis of the plans at our disposal, it would appear that the site does not have a common boundary with the adopted highway on Chaveney Walk. The Applicant should demonstrate that a right of access into the site exists before commencing development.

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8. Any street furniture or lining that requires relocation or alteration shall be carried out entirely at the expense of the applicant, who shall first obtain the separate consent of the highway authority. 9. If temporary directional signing is to be provided, prior approval is obtained from the County Council's Area Manager for the size, design and location of any sign in the highway. It is likely that any sign erected in the highway without prior approval will be removed. Before drawing up a scheme, the Area Managers' staff (0116 3052104) will be happy to give informal advice concerning the number of signs and the locations where they are likely to be acceptable. 10. All works within the limits of the highway with regard to the access shall be carried out to the satisfaction of the Northern Area Manager - (telephone 0116 3052104). 11. If, during the development phase, badger holes are discovered on site work should stop and Natural England should be contacted immediately Tel 01476 584800. A strategy for conveying the mitigation measures to personnel working on the site, required by condition No 27, should be included in the submission . 12. Details of appropriate Bat roosts can be found in the English Nature, Bat Mitigation Guidelines which can be found on the Natural England website. 13. Many species of bird are declining in number and range. Hence, most breeding birds in Britain receive protection during the breeding season under the Wildlife and Countryside Act 1981 (as amended). It is an offence to intentionally kill, injure or take any wild bird, to take, damage or destroy nest while it is in use or being built or to take or destroy an egg of any wild bird.If breeding birds are discovered during work on the development, the relevant work should be halted immediately and Natural England or the applicant's ecological consultant should be notified and further advice sought. Failure to comply with this may result in prosecution and anyone found guilty of an offence is liable to a fine of up to £5,000 or to imprisonment for a term not exceeding six months, or both.

This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her

Majesty’s Stationery Office, © Crown Copyright. Licence No: 100023558

This copy has been produced specifically for Council purposes only. No further copies may be made.

Application No: P/09/1095/2 Location: 55 Chaveney Road, Quorn, Loughborough, LE12 8AB Scale: 1:2500

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