(public pack)agenda document for planning committee, 04/02

Parkside Station Approach Burton Street Melton Mowbray Leicestershire LE13 1GH01664 502502 * [email protected] * www.melton.gov.uk * @MeltonBC

AgendaMeeting name Planning CommitteeDate Thursday, 4 February 2021Start time 6.00 pmVenue By remote video conferenceOther information This meeting is open to the public

Members of the Planning Committee are invited to attend the above meeting to consider the following items of business.

Edd de CoverlyChief Executive

Membership

Councillors M. Glancy (Chair) P. Posnett MBE (Vice-Chair)R. Bindloss R. BrowneP. Chandler P. FaulknerA. Hewson L. HigginsE. Holmes M. SteadmanP. Wood

Quorum: 6 Councillors

Meeting enquiries Democratic Services TeamEmail [email protected] despatched Wednesday, 27 January 2021

Public Document Pack

No. Item Page No.

REMOTE MEETING ARRANGEMENTS

Meeting Participants: Zoom video conferencing webinar:An invitation will be sent to Members and registered public speakers* for this meeting Public Access: You Tube:The meeting will be available on You Tube *Should you wish to speak on an application, please register by5 p.m. on Monday 1 February 2021 at [email protected]

1. APOLOGIES FOR ABSENCE

2. MINUTESTo confirm the minutes of the meeting held on 9 December 2020

1 - 6

3. DECLARATIONS OF INTERESTMembers to declare any interest as appropriate in respect of items to be considered at this meeting.

7 - 8

4. SCHEDULE OF APPLICATIONS

4.1 19/00807/FULBelvoir Cricket Club, Harston Lane, Knipton

9 - 26

4.2 20/00593/VACFields OS 2713 and 2100, Longcliff Hill, Old Dalby

27 - 42

4.3 20/00775/REMLongcliffe Hill House, Longcliff Hill, Old Dalby

43 - 54

5. URGENT BUSINESSTo consider any other business that the Chair considers urgent

https://youtu.be/WYfmPoZLWNs

mailto:[email protected]

1 Planning Committee : 091220

Minutes

Present:

Chair Councillor M. Glancy (Chair)

Councillors P. Posnett MBE (Vice-Chair) R. BindlossR. Browne P. ChandlerP. Faulkner A. HewsonL. Higgins E. HolmesM. Steadman P. Wood

Officers Assistant Director for Planning and DeliveryPlanning Development ManagerLocum Planning SolicitorDemocratic Services ManagerDemocratic Services Officer (SE)

Meeting name Planning CommitteeDate Wednesday, 9 December 2020Start time 6.00 pmVenue By remote video conference

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Agenda Item 2


Minute No.

Minute

PL72 Apologies for AbsenceThere were no apologies for absence.

PL73 MinutesThe minutes of the meeting held on 12 November 2020 were confirmed and authorised to be signed by the Chair.

PL74 Declarations of InterestCouncillor Posnett declared a personal interest in any matters relating to the Leicestershire County Council due to her role as a County Councillor.

Minute PL76 : 20/01095/FUL – Tofts Hill, StathernCouncillor Steadman confirmed that she would be representing her ward on this application by making a representation to the Committee. She would therefore leave the meeting during debate and not vote on this item in accordance with the Council’s Procedure Rules.

PL75 Schedule of Applications

PL76 Application 20/01095/FUL

(Councillor Steadman declared her intention to speak as Ward Councillor on this application and here left the Committee and moved into the public speaking gallery.)

The Planning Development Manager addressed the Committee and provided a summary of the application and summarised that the recommendation was for refusal.

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to public speaking at Planning Committee, the Chair allowed the following to give a 3 minute presentation:

Kenneth Bray, Stathern Parish Council

In response to a Member question on whether the village would accept the existing barns falling into disrepair and how would this affect the landscape. Mr Bray responded that the barns were currently not in disrepair and were part of the landscape.

Reference: 20/01095/FULLocation: Fields OS 5000 And 5812, Tofts Hill, StathernProposal: Demolition of redundant barns and their replacement with a

single dwelling house (Class C3)

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The Legal Advisor added that the local authority could serve notice if the condition of the of a building had a harmful effect on the surrounding area.

A Member pointed out that although the village had the view of Tofts Hill, it did not own the area.

Rob Hughes, Hughes Planning

There was a Member query as to potential for more than two vehicles using the forecourt. Mr Hughes responded that it could take additional vehicles should this be needed in the future. He referred to the forecourt as a turning area so that vehicles could drive in and out forward facing and there were no highway issues raised.

A Member asked how the development could bring economic and other benefits to Stathern above and beyond any other development. Mr Hughes responded that it would contribute to economic investment to the Council as well as create jobs in the construction phase, contribute to Council tax, use of the village school and being a part of the local community, save on commuter travel as the applicant already lived in Stathern and there were wider economic benefits too.

Councillor Steadman, Ward Councillor

At a Member’s request, the Planning Development Officer recapped on the presentation and development proposals.

During discussion the following points were noted:

Should the development be exceptional, how would the Council view the application in light of previous appeal dismissals. It was noted that the Committee could only consider the proposal before them. Also the category of a building of exceptional quality was one which was of outstanding or innovative design which would significantly enhance the local area. A Councillor felt this design enhanced the local area more than what was there however the Legal Advisor disagreed and considered the application did not meet the exceptional development criteria

There was mention of light intrusion and the impact of domestication and urbanisation of the site on the village

It was noted that agricultural barns could be distracting and become an eyesore on the landscape and there was a balance to be made on saving the barns or the landscape

It was felt the design and landscaping were good but the development was in the wrong place and it did not conform to Local Plan policies

If the design was less domesticated with natural wood buildings and materials, it may blend better into the surroundings

Concerned at the domestication of the site The history of the site was mentioned in that there had been 2 appeal

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dismissals and this particular development and site did not meet the policy conditions

Councillor Browne proposed the recommendations in the report and Councillor Chandler seconded the motion.

RESOLVED that

Planning application 20/01095/FUL be REFUSED for the following reasons:

1. In the opinion of the Local Planning Authority the proposed development Planning Report 20/01095/FUL - Field OS 5000 And 5812, Tofts Hill, Stathern would result in the introduction of residential development that would occupy a detached location outside of the built up confines of Stathern. The site is adjacent to the Conservation Area and contributes to the rural setting of the village of which the introduction of residential development and associated paraphernalia, by virtue of its scale, form and mass, would disrupt. As such, the proposal would have adverse impacts upon the character of the local area, wider landscape and Conservation Area. For these reasons, the proposal is considered to conflict with Policies EN1, EN6 and EN13 of the Melton Local Plan and as such would not represent a form of suitable windfall residential development as stated in Policies SS1 and SS2 of the Melton Local Plan.

(Unanimous)

(Councillor Steadman here re-joined the Committee.)

PL77 Application 20/00394/OUT

The Development Planning Manager addressed the Committee and provided a summary of the application. She advised that the application was recommended for refusal.

Pursuant to Chapter 2, Part 9, Paragraphs 2.8-2.28 of the Council’s Constitution in relation to public speaking at Planning Committee, the Chair allowed the following to give a 3 minute presentation:

Jason Tearne, Applicant

In response to Member queries on how long the applicant intended to run the business from the location, how it would enhance employment and growth in the area other than for him and his family, Mr Tearne responded that he intended to

Reference: 20/00394/OUTLocation: Field OS 5629, From A606 Nottingham Road To Holwell Lane,

Melton MowbrayProposal: Rural workers dwelling and secure workshop storage building

(outline - all matters reserved)

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remain there for 30 years and recruit staff to pass on skills and experience to enable the business to grow and continue.

Mr Tearne also advised that security had been an issue and he needed to live on site to protect his plant and equipment.

Councillor Orson, Ward Councillor

Councillor Orson spoke in support of permitting the application and felt it was important to support business growth in the rural areas.

The Planning Development Manager referred to relevant policies especially on the question of a work related dwelling and it was felt this application did not meet policy D3 nor was security of the site a criteria in determining whether a dwelling was needed on a site. She also referred to the report which explained the reasoning for the recommendation and advised that Members needed to add weight to their concerns and balance these against the policies.

During discussion the following points were noted:

It was considered that rural businesses should be supported and policies reviewed to accommodate these with an understanding for a tied dwelling if required to help with security and sustainability

There was other Member agreement to support accommodation on site with flexibility on any tie to the dwelling so that the applicant was not financially penalised should they need to diversify arrangements

The Planning Development Manager advised that a suitable condition to reflect Members’ wishes could be included

It was noted that rural crime was an issue for farms and rural businesses and insurance premiums were high if there wasn’t enough security in place

The historic logging and hedge laying skills presented in the application were essential to retain and pass on to future generations

It was noted this was not an agricultural business and conditions around the dwelling should be varied accordingly

It was considered a noisy business which was best placed in the open countryside so as not to interfere with neighbour amenity and should be supported

It was considered a profitable and sustainable business that would enhance the rural economy and be there for years to come

It was felt the application did meet policy D3 and was supported by the NPPF and the Local Plan

It was noted that the application met NNPF 83B and 84 and it was important to reflect on the bigger picture ie. with a possible recession looming due to the pandemic, there would be a need to develop and plant woodland, plan biodiversity and upskill the younger generation.

This business was more sustainable than most and supported the rural economy

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The Legal Advisor considered the application did not comply with policy D3 In the event that should Members be minded to approve the application, it was

noted that conditions which might be appropriate had been circulated to Members prior to the meeting

There was discussion on the content of a condition in relation to occupation and the following was agreed with the Planning Development Manager:

’The occupation of the dwelling be limited to a person solely or mainly working on or within the adjacent business site (business name)’.

Councillor Chandler proposed to approve the application against the officer recommendation to encourage the rural economy, rural business and rural craft, expansion of the rural economy, maintaining an existing business and existing residential nature of the site, in accordance with Policy D3 of the local plan and NPPF 83B and 84. Also due to the local nature of the existing business in a built up area of a residential development and subject to conditions 1-7 as previously circulated and set out below including condition 7 specifically to read as follows:

‘The occupation of the dwelling be limited to a person solely or mainly working on or within the adjacent business site (business name)’.

Councillor Faulkner seconded the motion.

RESOLVED that contrary to the Officer recommendation,

Planning application 20/00394/OUT be APPROVED subject to conditions including the following :

‘The occupation of the dwelling shall be limited to a person with responsibility for the day to day management, solely or mainly working, or last working, in the adjacent tree surgeon business site (or a widow or widower of such a person, and to any resident dependants).’

(Unanimous)

PL78 Urgent BusinessThere was no urgent business.

The meeting closed at: 7.50 pm

Chair

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Advice on Members’ InterestsPERSONAL AND NON-PECUNIARY INTERESTSIf the issue being discussed affects you, your family or a close associate more than other people in the area, you have a personal and non-pecuniary interest. You also have a personal interest if the issue relates to an interest you must register under paragraph 9 of the Members’ Code of Conduct.

You must state that you have a personal and non-pecuniary interest and the nature of your interest. You may stay, take part and vote in the meeting.

PERSONAL AND PECUNIARY INTERESTSIf a member of the public, who knows all the relevant facts, would view your personal interest in the issue being discussed to be so great that it is likely to prejudice your judgement of the public interest and it affects your or the other person or bodies’ financial position or relates to any approval, consent, licence, permission or registration then you must state that you have a pecuniary interest, the nature of the interest and you must leave the room*. You must not seek improperly to influence a decision on that matter unless you have previously obtained a dispensation from the Authority’s Audit and Standards Committee.

DISCLOSABLE PECUNIARY INTERESTS AND OTHER INTERESTSIf you are present at any meeting of the Council and you have a disclosable pecuniary interest in any matter to be considered or being considered at the meeting, if the interest is not already registered, you must disclose the interest to the meeting. You must not participate in the discussion or the vote and you must leave the room.

You may not attend a meeting or stay in the room as either an Observer Councillor or *Ward Councillor or as a member of the public if you have a pecuniary or disclosable pecuniary interest*.

BIAS If you have been involved in an issue in such a manner or to such an extent that the public are likely to perceive you to be biased in your judgement of the public interest (bias) then you should not take part in the decision-making process; you should leave the room. You should state that your position in this matter prohibits you from taking part. You may request permission of the Chair to address the meeting prior to leaving the room. The Chair will need to assess whether you have a useful contribution to make or whether complying with this request would prejudice the proceedings. A personal, pecuniary or disclosable pecuniary interest will take precedence over bias.

In each case above, you should make your declaration at the beginning of the meeting or as soon as you are aware of the issue being discussed.*

*There are some exceptions – please refer to paragraphs 3.12(2) and 3.12(3) of the Code of Conduct

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Agenda Item 3

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Error! Unknown document property name. Report19/00807/FUL - Belvoir Cricket Club Harston Lane Knipton NG32 1RJ

Planning Committee4 Feb 2021

Report of: Assistant Director for Planning and Delivery

19/00807/FUL - Belvoir Cricket Club Harston Lane Knipton NG32 1RJNew Cricket Pavilion, car parking and ancillary buildings

1.1.1 Applicant: Belvoir Cricket & Countryside Trust

Corporate Priority: 3: Delivering Sustainable and Inclusive Growth in Melton

Relevant Ward Member(s): Croxton Kerrial: Councillor Alan Hewson

Date of consultation with Ward Members:

2 October 2020

Exempt Information: None

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Agenda Item 4.1

http://www.melton.gov.uk/

http://www.linkedin.com/shareArticle?mini=true&url=http://moderngov.southkesteven.gov.uk/mgWhatsNew.aspx?bcr=1

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1 Summary1.2 This application seeks the permission for a new Cricket Pavilion, car parking and ancillary

buildings on the site of the existing Cricket Pitch, on the outside fringe of the Belvoir Castle Park & Gardens. A small blockwork pavilion is presently in situ and would be replaced by the new pavilion and indoor cricket nets.

1.3 The application was first submitted in October 2019, following a lengthy pre-application process that was undertaken in April 2019. In between this time, the adjacent registered park & gardens to Belvoir Castle was upgraded by Historic England from Grade II to Grade II*.

1.4 The application is considered primarily with regards to the impact of the proposed new cricket pavilion on the setting of the adjacent GII* listed Belvoir Castle Park & Gardens.

1.5 Historic England have been involved in the design process following the upgrading of the Park & Gardens to GII* listed status. While they identify a degree of harm to the setting of the Registered Park & Gardens, they do not consider the question of whether public benefits outweigh this harm, as this is not within their remit to do so.

1.6 3d visuals and a site plan are included below

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2 Recommendation(s)2.1 It is recommended that the application is approved, subject to conditons.

3 Reasons for Recommendation 3.1 The public benefits of the proposal are considered to outweigh the harm to the setting of

the adjacent GII* listed Belvoir Castle Registered Park & Gardens, in accordance with Paragraph 196 of the NPPF and Policy EN13 of the Melton Local Plan

3.2 The proposal is in accordance with Policy SS1 of the Melton Local Plan which states that when considering development proposals, the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework

3.3 The proposal is supported as it can be identified as a ‘community facility’ as stated in Para 5.11.3 of the Melton Local Plan

3.4 The proposal is in accordance with Policy C7 of the Melton Local Plan which states that support will be given to proposals and activities that protect, retain or enhance existing community services and facilities

3.5 The proposal is in accordance with Policy C9 of the Melton Local Plan which states that all development proposals should make a positive contribution to sports and recreational facilities close to where people live and work, to encourage greater participation in play, sport, walking and cycling and to maximise opportunities for social interaction.

4 Key Factors4.1 Reason for Committee Determination

The number of objections – 41 - requires the application to be considered by the Planning Committee

4.2 Main IssuesThe main issues for this application are considered to be:

Impact on the immediate setting of the adjacent GII* listed Belvoir Castle Park & Gardens and the wider setting of the GI listed Belvoir Castle

Impact on the wider setting of both the Harston and Knipton Conservation Areas

Impact on development in an unsustainable location and the provision of community facilities in the villages of Harston & Knipton

Impact resulting from increased traffic to the area and highway safety

Impact on ecology

4.3 Relevant Policies4.3.1 The Melton Local Plan 2011-2036 was adopted on 10th October 2018 and is the

Development Plan for the area. No inconsistency with the NPPF has been identified that would render Local Plan policies ‘out of date’.

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4.3.2 Please see Appendix D for a list of all applicable policies

5 Report Detail5.1 Impact on the immediate setting of the adjacent GII* listed Belvoir Castle Park &

Gardens and the wider setting of the GI listed Belvoir Castle5.1.1 The submitted design has been subjected to a design review process between MBC

Conservation and Historic England that commenced in October 2019. The significance of the adjacent Registered Park & Gardens required further consideration when the parkland was upgraded from GII listed to GII* listed status in July 2020. Following this, Historic England took the lead on the design review process and worked with the architect to find a viable solution.

5.1.2 The resultant scheme is a blend of contemporary and traditional architecture, featuring geometric proportions and flat / green roofs to articulate the indoor cricket nets and link block, while the pavilion itself, with changing rooms and bar area, is in a more conventional arrangement with gables and covered outdoor seating area.

5.1.3 The applicant’s architect worked with Historic England to reach a point by which Historic England did not object in principle to the proposal. The summary of their assessment is as follows:

“the proposal would cause harm to the Grade II* Registered Park and Garden (RPG) and a degree of harm to the setting of the Grade I Listed Castle. We do acknowledge that this impact has been lessened by reducing the building’s massing and bulk.”

Historic England were also mindful of the potential public benefits that may arise from the proposal and also acknowledged this within the summary of their assessment as follows:

The submission details that the proposals would bring about considerable public benefits. It will be for you the local authority to determine whether these public benefits outweigh the harm to the highly graded designated heritage assets in accordance with the relevant paragraphs of the NPPF.

As such it is at the discretion of the Committee to consider the balance of harm to the setting of the Belvoir Castle Park & Gardens, weighed against the public benefits the proposal may bring, in accordance with Paragraphs 193 and 196 of the NPPF.

5.1.4 The proposed pavilion is the element of the proposal that amounts to the most harm to the setting of the GII* listed parkland - its bulk, mass and scale cannot be revised to a more sensitive solution as there is a requirement for three indoor cricket lanes - the height is governed by Sport England guidelines for a compliant cricket facility. The three lanes (thereby the additional width) are required to enable the pavilion to be used by larger groups when all outdoor cricket is unviable in bad weather and also as a multi-purpose sporting facility for secondary sports such as basketball.

5.1.5 The remainder of the development which provides the ancillary space, including the link element to the pavilion, the indoor seating area, changing rooms and toilets, are considered to be a sensitive design solution; the flat roof link is well concealed with the use of green roofing and the pavilion is a traditional design that represents a significant improvement upon the existing arrangement, which is an incongruous blockwork structure that has been in situ for over 10 years and by virtue of this time frame it is no longer unauthorised.

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5.1.6 The landscaping at the front of the site where the parking will be located has also been through a rigorous design review process to minimise the impact when viewed from the streetscene. Grasscrete is proposed on the car parking spaces and resin bound gravel will cover the access route into and out of the site. The same solution (grasscrete and resin bound gravel) has been applied at The Engine Yard at the (public facing) front entrance to Belvoir Castle, which amounts to an overall neutral impact to the setting of the Engine Yard Conservation Area and the wider setting of Belvoir Castle.

5.1.7 The submitted Design & Access Statement states that the BCCT intend to use the facility to further its charitable aims of working with young children from predominantly but not wholly primary school age and children with special needs and from disadvantaged backgrounds to get involved and enjoy sport. The BCCT wishes to continue to develop as a club and provide appropriate facilities for their members and to grow their membership to include more junior cricket, ladies cricket and to support members with Special Needs. Currently the facilities are not fit for purpose and effectively preclude female and people with special needs from participating.

5.1.8 The new facility will allow the Trust to work all year round to develop existing programmes but also new ideas utilising the indoor space but also the countryside around the site. Other programmes are provided for the community from fitness classes, indoor bowls, indoor archery, indoor cricket and other team sports. The facility will be versatile and can be used for other appropriate community activities. Their use of the ground will remain similar to its current levels but the BCCT wishes to be able to provide a facility throughout the winter for members and potential new members alike.

5.1.9 The aforementioned public benefits of the proposal are considered to marginally outweigh the identified harm to the immediate setting of the GII* listed Park & Gardens and the wider setting of the GI listed Belvoir Castle; the applicant has presented a comprehensive case for the scheme – the organisation is not-for-profit and has well established links with cricket based community engagement programmes, all of which is substantiated in the applicant’s Design and Access statement

5.2 Impact on the wider setting of both the Harston and Knipton Conservation Area5.2.1 Concerns have been raised about the experience of entering / departing the Hartson and

Knipton Conservation Area because of the interruption of views towards the castle when travelling between the two villages. Notwithstanding this, the aforementioned public benefits of the proposal are considered to outweigh the marginal degree of harm to the setting of both Conservation Areas, as applied by the same test under Paragraph 196 of the NPPF. Neither Conservation Area is located in close proximity to the site (with a tangible view) and the views towards the Castle will only be partially impacted upon when travelling along the Knipton Road. The view towards the castle will be obscured only for a matter of moments when passing by the proposed cricket pavilion, before the parkland setting once again opens up.

5.3 Impact on development in an unsustainable location and the provision of community facilities in the villages of Harston & Knipton

5.3.1 There will be no loss of community facilities as a result of the proposal and the new cricket pavilion is not considered to represent a threat to existing facilities. The cricket pavilion will enhance the provision of community facilities to the neighbouring villages of Knipton and Harston and the neighbouring schools and community groups.

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5.3.2 Para 7.14.2 of the Melton Local Plan states that in the rural area, village halls and other community facilities often provide the space required for recreational activities, such as badminton and keep fit classes. Whilst these are not specifically designed sports halls, they do make a useful contribution towards meeting local demands for physical activity. Notwithstanding this, there is no identified provision of indoor cricket in the nearby villages of Harston or Knipton and the new development is therefore not considered to represent a risk to these existing services.

5.4 Impact resulting from increased traffic to the area and highway safety5.4.1 Traffic surveys have been carried out and are included in the applicant’s Design & Access

Statement. There are no concerns from LCC Highways who have suggested the relevant planning conditions subsequent to any approval. The increased traffic as a result of the proposal will not be continuous on a daily basis and will be limited to the programmes of the Belvoir Cricket Trust. The period between January and April will generate the most trips. A further 323 vehicles (cars plus buses) entering the site each week could be generated during this time – this has been estimated in the submitted transport statement as a worst-case scenario and it would be most likely a lower weekly total. Most of the activities would not occur during typical weekday peak hours (8-9am and 5-6pm) especially during the morning peak hour when no car trips would be expected for the respective activities. LCC Highways are in agreement with this and would not anticipate a residual cumulative impact of the development on the network to be demonstrably severe following review of the information submitted. Finally, due to the existing access at the site being presently in use, LCC Highways are of the opinion that this is no different to what presently may occur.

5.5 Impact on ecology as a result of the new development 5.5.1 LCC Ecology are satisfied with the proposal. Based on the recommendations contained

within section 5 of the Protected Species Survey (CBE Consulting, June 2019) the recommendations are satisfactory and they have placed conditions to ensure that the applicant is required to follow these if permission is granted.

5.6 Impact on Infrastructure5.6.1 None.

6. Consultation & Feedback6.1 In total 41 objections were received for the proposal. In summary these primarily related to

the impact on the setting of the GII* listed Registered Park & Gardens. Further objections were raised with regards to the impact on the increased level of traffic that will be generated as a result of the application - and the subsequent impact on the neighbouring villages of Knipton and Harston. Finally, several objections referred to the unsuitability of such a comprehensive sports pavilion development in an isolated location in the countryside. The objectors cited alternative sites as more sustainable, located in the more heavily populated towns such as Grantham and Melton. The objections are reported in more detail in Appendix C.

6.2 In total 110 letters of support were submitted in favour of the proposal. The letters of support have broad commonality, in that they each consider the proposal to be a viable solution for a charitable organisation committed to working in the community. They recognise the work of the charitable trust in their support of community activities, such as school programmes, apprentice schemes and working with disabled children. The Trust

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has been running for several years and those in support of the proposal consider a new pavilion to be the best way for the organisation to grow and continue spreading its public benefits. The letters of support are addressed in more detail in Appendix C.

7 Financial Implications7.1 None identified .

Financial Implications reviewed by: N/A

8 Legal and Governance Implications8.1 The application is required to be presented to the Committee due to the number and

inconsistency of representations received.

8.2 Legal implications are set out in the report where relevant. Legal advisors will also be present at the meeting.

Legal Implications reviewed by: Legal Advisor (Planning)

9 Background Papers9.1 None

10 AppendicesA: Summary of Statutory Consultation responsesB: Recommended Planning ConditionsC: Summary of representations received D: List of applicable Development Plan policies

Report Author: T Ebbs, Conservation Officer

Report Author Contact Details: [email protected]

Chief Officer Responsible: Jim Worley, Assistant Director for Planning and Delivery

Chief Officer Contact Details: 01664 [email protected]

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Appendix A : Consultation replies summaryParish Council

1 The Parish Council object to the proposal for the following reasons2 A cricket pavilion would be better served if it was located in an existing high

population area such as Melton Mowbray or Grantham – they cite Grantham Gorse as a positive example near the Grantham bypass.

3 The PC believes that the amendments made to the scheme following consultation with Historic England have not fundamentally addressed the issues raised by the PC during their first consultation – most notably the ridge height of the proposed indoor cricket nets. This will cause undue harm to the character and appearance of the adjacent GII* listed Belvoir Parkland.

4 The PC agrees with the Gardens Trust that the building design is inconsistent with nearby listed buildings

5 The PC does not consider the supporting Heritage Statement as valid because it relates to the earlier proposal when the ridge height was lower than the most recent amendment and considers the harm to the setting of the adjacent parkland to be ‘substantial’.

6 The PC thinks the extra traffic required to make the business model work would be excessive for the existing road infrastructure of narrow country lanes.

7 The proposed car park, with 90 spaces, reinforces the fact that the events planned to be held will attract a substantial increase in traffic.

8 The business model for the proposed development has overstated earnings and understated overheads and the PC thinks that the cost of running such an establishment will lead to future changes of use including weddings.

9 Knipton comprises 85% tenanted houses of the Belvoir Estate and the tenants will not publicly object to the planning application as they risk creating issues with the Estate – the number of objections are therefore significantly understated.

10 Less than 5% of the supportive comments on the planning application come from residents who live within the local parishes of Knipton, Belvoir and Harston.

11 The Gardens Trust were not consulted with proactively by the applicant which is mandatory for GII* listings.

The Gardens Trust12 The Gardens Trust still cannot support the proposal despite the revisions

carried out in accordance with Historic England. The design is too industrial in aspect and incompatible with its sensitive location – at the south-east entrance to Belvoir, on of three important entrances to the parkland.

13 The Garden Trust emphasises the principles of Paragraph 194 of the NPPF which states that any harm to a designated heritage asset requires clear and convincing justification and in this instance it has not been comprehensively addressed.

14 The Garden Trust believes that the development will not only cause harm to the GII* listed parkland, but also to the setting of the GI listed Belvoir Castle.

15 The Gardens Trust believes that granting a consent in such a sensitive location, in close proximity to a GI and GII* listed heritage asset, will set a negative precedent for development in the future.

Public Responses16 In total 41 objections to the proposal were received. These relate to the

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following concerns17 The new cricket indoor cricket pitch is too large for the site and will cause harm

to the setting of the adjacent GII* listed parkland18 The new cricket indoor cricket pitch is too large for the site and will cause harm

to the setting of the GI listed Belvoir Castle19 The development will lead to an increase in traffic on quiet country roads which

is unsustainable20 There are several better locations available for an indoor cricket pavilion such

as Melton Mowbray and Grantham.21 The business model is not viable as a purely not-for-profit making cricket trust

and the venue will inevitably be used for non sporting purposes. 22 The neighbouring community facilities such as village halls, which are used for

weddings and celebrations, will be negatively affected by the new cricket pavilion which will be used for non-sporting events.

23 The 90 parking spaces are overly substantial and not necessary for purely sporting events.

24 The impact from the roadside of the pavilion is an alien element in a green landscape that is dominated by the GII* listed parkland.

25 The proposals will result in visual change and introduce a greater incongruous addition to The Gatehouse.

26 The welcome to the Belvoir Estate when approached from the south and Melton Mowbray will be negatively impacted upon

27 The new cricket pavilion would ruin the 2016 Capability Brown Tercentenary and the recently created trout pools beyond the cricket field which are not considered in the applicant’s supporting information.

28 All other structures in close proximity are designed in a sympathetic fashion to the GI listed Belvoir Castle while the cricket pavilion would be wholly contrary to this.

29 The website of the Belvoir Cricket & Countryside Trust (BCCT) does not have comprehensive details about its history on the website and insufficient information is known about this organisation.

30 If planning permission is granted it will set a precedent for further incongruous additions to the historic landscape surrounding Belvoir Castle.

31 Mature trees that are already in existence have been misleadingly included in the submitted landscaping plan, suggesting that these form part of the proposal.

Historic England 32 Historic England consider that the scale and design of the cricket school

building would make it a dominant incongruous addition to the landscape. They believe this would cause harm to the significance of the Grade II* RPG and to the significance that the Grade I Listed Castle derives from its setting.

33 HE acknowledges that the impact and resultant harm has been lessened by reducing the building’s massing and bulk and introducing the grassed banks.

34 HE notes that to meet the needs of the cricket club (as detailed in their supporting documents) the new building would need to be large in scale. They state that while efforts have been made to reduce its prominence, a building of this scale will in nature be incongruous in this landscape. They do not consider it possible to further reduce the impact of a building of this scale.

35 HE therefore questioned during their pre-application advice whether an alternative less sensitive site either could be found. HE state that they have been informed that this is not possible. As part of the justification put forward

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the submission details that the proposals would bring about considerable public benefits.

36 In summary HE therefore states that it will be for MBC to assess whether there is sufficient justification to provide these facilities in this location.

37 They state that MBC also needs to assess whether the resultant harm caused to the significance of the highly designated heritage assets would be justified or outweighed by public benefits in accordance with paragraphs 194 and 196 of the NPPF.

38 HE considers that the issues and safeguards outlined in their advice needs to be addressed in order for the application to meet the requirements of paragraphs 192, 193, 194 and 196 of the NPPF.

Highways 39 The Local Highway Authority Advice is that, in its view, the impacts of the

development on highway safety would not be unacceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe. Based on the information provided, the development therefore does not conflict with paragraph 109 of the National Planning Policy Framework (2019), subject to the conditions and/or planning obligations.

LCC Forestry40 LCC Forestry states that the proposed tree planting scheme is acceptable with

the species selection being of native stock, planted across the site in open well spaced planting and more formal/ornamental group planting around the entrance to the site. They recommend placing a pre-commencement condition on any approval which requires a root protection Plan to be submitted showing the tree protection measures to be implemented throughout the development.

LCC Archaeology 41 No objection. An archaeological watching brief will be placed subject to any

approval.

LCC Ecology 42 There is no objection to the proposal and a planning condition is recommended

that considers light spill to be below 1lux on any potential bat foraging corridors. 43 They also state that all works should be in accordance with the

recommendations for bat mitigation contained in section 5 of the Protected Species Survey (CBE Consulting, June 2019). This will ensure that the development mitigates for the loss of the existing bat roosting opportunities.

Appendix B: Recommended Conditions1. The development hereby permitted shall be begun before the expiration of

three 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 the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall not be carried out otherwise than in

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complete accordance with the submitted application details, as follows:

- Site Plan 7786 03 01 Revision G - Floor Plans 7786 03 02 Revision G- Roof & block plan 7786 03 03 Revision G- Highway Access 7786 03 04 Revision G- Elevations 7786 03 05 Revision G- Landscaping Proposal GL1165 01C- External Views 7786-10-100- External Views 7686-10-101- External Views 7786-10-102

Reason: To ensure a satisfactory form of development in accordance with Policies SS1 of the Melton Local Plan

3. Notwithstanding the submitted information, before any development commences, representative samples of the types and colours of all external facing materials to be used on the external elevations of the proposed cricket pavilion shall be deposited with and approved in writing by the local planning authority, and the scheme shall be implemented in accordance with those approved materials. The details submitted shall include specification of the type of stone to be used, the timber cladding, brickwork and roofing materials.

Reason: To ensure that the development has a satisfactory appearance in the interests of visual amenity to accord with Policies SS1 and EN13 of the Melton Local Plan

4. No development shall take place until a scheme of hard and soft landscaping works, including boundary treatments, for the site, including an implementation scheme and a hedgerow management plan, and arrangements for its future permanent maintenance, has been submitted to and approved in writing by the local planning authority. The development shall be carried out in full accordance with the approved landscaping scheme and the requirements of the scheme in relation to future maintenance shall be complied with whilst the development is in use

Reason: To ensure that the development has a satisfactory appearance and to ensure that the work is carried out within a reasonable period and thereafter maintained in accordance Policies SS1 and D1 of the Melton Local Plan.

5. Prior to commencement of works a Root Protection Plan showing the tree protection measures to be implemented throughout the development must be submitted to and approved in writing by the local planning authority. The development shall be carried out in full accordance with the approved Root Protection Plan

Reason: To preserve the existing mature tree planting species on the site

6. Details of the position, width and depth of all proposed service and drainage trenches that are to be excavated within the canopy of existing trees and/or within 1 metre of any hedgerow that it is proposed to retain, including any proposed damage limitation measures shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter be completed in

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accordance with these approved details.

Reason: To enable the Local Planning Authority to assess the effect of the development on existing trees and hedgerows in the interests of visual amenity.

7. No development shall commence on the site until such time as a construction management plan, including as a minimum details of the routing of construction traffic, wheel cleansing facilities, vehicle parking facilities, hours of site operation and a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority. The construction of the development shall thereafter be carried out in accordance with the approved details and timetable.

Reason: To reduce the possibility of deleterious material (mud, stones etc.) being deposited in the highway and becoming a hazard for road users, to ensure that construction traffic does not use unsatisfactory roads and lead to on-street parking problems in the area in accordance with Policies D1 and IN2 of the Melton Local Plan

8. No part of the development hereby permitted shall be be brought into use until the access arrangements and visibility splays shown on drawing number ADC1989-DR-001 Rev P3 have been implemented in full.

Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework (2019).

9. Notwithstanding the submitted details the development hereby permitted shall not be occupied until such time as the parking provision (with turning facilities) has been provided, hard surfaced (and demarcated) in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. Thereafter the onsite parking provision shall be so maintained in perpetuity.

Reason: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally (and to enable vehicles to enter and leave the site in a forward direction) in the interests of highway safety and in accordance with the National Planning Policy Framework (2019).

10. The new vehicular access hereby permitted shall not be used for a period of more than one month from being first brought into use unless the existing vehicular access onto Harston Lane that becomes redundant as a result of this proposal has been closed permanently and reinstated in accordance with details first submitted to and agreed in writing by the Local Planning Authority

Reason: In the interests of highway and pedestrian safety in accordance with the National Planning Policy Framework (2019).

11. No development shall take place until a site specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Local Planning Authority. The plan must demonstrate the

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adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:

i Procedures for maintaining good public relations including complaint management, public consultation and liaison

ii Arrangements for liaison with the Council’s Environmental Health Team iii All works and ancillary operations which are audible at the site boundary, or

at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 07:30 Hours and 18:00 Hours on Mondays to Fridays and 08:00 and 13:00 Hours on Saturdays and at no time on Sundays and Bank Holidays

iv Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.

v Mitigation measures as defined in BS 5228: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise and vibration disturbance from construction works.

vi Procedures for emergency deviation of the agreed working hours. vii Measures for controlling the use of site lighting whether required for safe

working or for security purposes.Thereafter the requirements of the approved Construction Environmental Management Plan shall be implemented

Reason: To secure the satisfactory development of the site and comply with Policy D1 Adopted Melton Local Plan.

12. Prior to the commencement of development an isolux lighting plan should be submitted to and approved in writing by the local planning authority. Light spill must not exceed 1 lux on any ecological corridor (hedgerows) and should not be directed at the bat brick required for bat mitigation. This will help to minimise the impact of lighting of wildlife corridors and the wider landscape. The development shall be carried out in full accordance with the approved isolux lighting plan

Reason: In the interests wildlife that may be affected by the development

13. All works shall be in accordance with the recommendations for bat mitigation contained in section 5 of the Protected Species Survey (CBE Consulting, June 2019). This will ensure that the development mitigates for the loss of the existing bat roosting opportunities.

Reason: In the interests wildlife that may be affected by the development

14. Prior to the commencement of the works hereby permitted detailed drawings of the windows to a scale 1:20 shall be first agreed with the Local Planning Authority. The development shall be carried out in full accordance with the approved said detailed drawings

Reason: To preserve the historic character of the adjacent parkland setting.

15. Notwithstanding the provisions of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development Order) 2015 or any subsequent amendment to that order, no development within Class A, B, C and E shall be

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carried out unless planning permission has first been granted for that development by the Local Planning Authority.

Reason: To avoid the piecemeal accretion of incongrous elements on the boundary of the Belvoir Registered Park & Gardens

16. No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the scheme has been completed to the written satisfaction of the local planning authority. The scheme shall include an assessment of significance and research questions; and

The programme and methodology of site investigation and recording The programme for post investigation assessment Provision to be made for analysis of the site investigation and recording Provision to be made for publication and dissemination of the analysis and

records of the site investigation Provision to be made for archive deposition of the analysis and records of

the site investigation

Reason: In the interests of archaeological remains and to mitigate the impact of disturbance of below ground earthworks.

Appendix C: Summary of representations received Objections have been received from 41 separate addresses raising the following concerns:1 The new cricket indoor cricket pitch is too large for the site and will cause harm

to the setting of the adjacent GII* listed parkland2 The new cricket indoor cricket pitch is too large for the site and will cause harm

to the setting of the GI listed Belvoir Castle3 The development will lead to an increase in traffic on quiet country roads which

is unsustainable4 There are several better locations available for an indoor cricket pavilion such

as Melton Mowbray and Grantham.5 The business model is not viable as a purely not-for-profit making cricket trust

and the venue will inevitably be used for non sporting purposes. 6 The neighbouring community facilities such as village halls, which are used for

weddings and celebrations, will be negatively affected by the new cricket pavilion which will be used for non-sporting events.

7 The 90 parking spaces are overly substantial and not necessary for purely sporting events.

8 The impact from the roadside of the pavilion is an alien element in a green landscape that is dominated by the GII* listed parkland.

9 The proposals will result in visual change and introduce a greater incongruous addition to The Gatehouse.

10 The welcome to the Belvoir Estate when approached from the south and Melton Mowbray will be negatively impacted upon

11 The new cricket pavilion would ruin the 2016 Capability Brown Tercentenary

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and the recently created trout pools beyond the cricket field which are not considered in the applicant’s supporting information.

12 All other structures in close proximity are designed in a sympathetic fashion to the GI listed Belvoir Castle while the cricket pavilion would be wholly contrary to this.

13 The website of the Belvoir Cricket & Countryside Trust (BCCT) does not have comprehensive details about its history on the website and insufficient information is known about this organisation.

14 If planning permission is granted it will set a precedent for further incongruous additions to the historic landscape surrounding Belvoir Castle.

15 Mature trees that are already in existence have been misleadingly included in the submitted landscaping plan, suggesting that these form part of the proposal.

16 The area around Belvoir Castle is recognised as an ‘Area of Natural Beauty’ and are specially identified as ‘landscape character areas’ (Paragraph 7.1.3) in the Melton Local Plan. The proposal will compromise the special status of this area.

17 The Planning Inspector dismissed an appeal for the continued use of the wedding marquee in the parkland under APP/Y2430/W/15/3137172 as it was considered incongruous for its location – the same principle should apply to this application and would be refused if considered by the Planning Inspectorate

18 Melton Local Plan has a range of measures to protect landscape and built heritage, most notably Policies EN1, EN6 and EN13 and the application is contrary to each of these.

110 letters of support were submitted from separate addresses. These are as follows:

19 The Belvoir Cricket Trust is a charitable organisation which will provide substantial public benefits through its community outreach programmes

20 The work of the BCCT is heavily impacted upon by poor weather when they are unable to carry out their sporting activities in the summer

21 Thee BCCT is associated with a number of former cricket professionals who each endorse the scheme and consider it to the best way to engage more young people in the sport

22 The design is contemporary and will be a compliment to the surrounding landscape.

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Appendix D: Applicable Development Plan Policies

Melton Local Plan Policy SS1 Presumption in Favour of Sustainable Development. Policy SS2 Development Strategy. Policy IN2 Transport, Accessibility and Parking Policy C7 – Rural Services Support will be given to proposals and activities that

protect, retain or enhance existing community services and facilities* or that lead to the provision of additional assets that improve community cohesion and well-being to encourage sustainable development. Proposals for the change of use of community facilities*, which would result in the loss of the community use, will only be permitted where it is clearly demonstrated that either: 1. there are alternative facilities available and active in the same village which would fulfill the role of the existing use/building, or 2. the existing use is no longer viable (supported by documentary evidence), and there is no realistic prospect of the premises being re-used for alternative business or community facility use. The proposal must also demonstrate that consideration has been given to: a) the re-use of the premises for an alternative community business or facility, and that effort has been made to try to secure such a re-use; and b) the potential impact closure may have on the village and its community, with regard to public use and support for both the existing and proposed use.

Policy C9 – Healthy Communities All development proposals should make a positive contribution to the following promoters of health and well-being: a. Good quality, accessible green spaces, public realm, sports and recreational facilities close to where people live and work, to encourage greater participation in play, sport, walking and cycling and to maximise opportunities for social interaction; b. Safe, convenient and attractive network of streets, paths and cycleways integrated with public transport which connect homes, workplaces, shops, schools, healthcare, leisure and other services and facilities to encourage active travel and prevents social isolation; c. High quality local food growing spaces, including green roofs, edible landscaping, garden plots, community gardens, allotments and local markets, in order to provide access to fresh, healthy and affordable food; d. ‘Healthy Homes’ that are affordable, easy to warm, have good natural light, decent space (internal and external), exploit views, safe from flooding and overheating, and are adaptable to people’s changing circumstances that can occur over a lifetime; e. High quality residential amenity; f. A range of employment opportunities in accessible locations; g. The avoidance of over concentration or clustering of any use type that could detract from people’s ability to adopt healthy lifestyles (including hot food takeaways, payday lenders and betting shops); h. Good local air quality, with new development in an air quality management area to be consistent with the aims and objectives of the Air Quality Action Plan, providing an air quality assessment where appropriate.

Policy D1Raising the Standard of Design. Policy EN1 Landscape Policy EN2 Biodiversity Policy EN6 Settlement Character Policy EN13 Heritage Assets

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Planning Report20/00593/VAC – FIELD OS 2713 AND 2100, LONGCLIFF HILL, OLD DALBY

Planning Committee4 February 2021


20/00593/VAC – FIELD OS 2713 AND 2100, LONGCLIFF HILL, OLD DALBYVariation of conditions 2 (plans), 7 (footpath) and 13 (obscure glazing) of planning permission 18/01111/FUL for residential development on land off Longcliff Hill, Old Dalby that currently benefits from 3 outline planning approvals - 16/00911/OUT, 16/00184/OUT and 17/00743/OUT and the submission of additional details relating to (conditions 4 & 6) surface water drainage, (5) surface water management, (10) archaeology, (11) foul and surface drainage, (14) materials, (15) landscaping and(17) ridge heights of 2.5 storey dwellings.Applicant: Mr Paul Clayton.

Corporate Priority: 3: Delivering Sustainable and Inclusive Growth in Melton

Relevant Ward Member(s): Old Dalby: Councillor Orson

Date of consultation with Ward Member(s):

5 November 2020

Exempt Information: None

1 Summary1.1 The application site is located off Longcliff Hill and is approximately a square parcel of

land to the north and north-east of the highway. It is accessed from the highway in the south-west corner of the site and is bordered by countryside to the north and east, by countryside and housing on Longcliff Close to the south and by North Lodge Farm to the west.

1.2 This application comprises variations to the development approved under 18/01111/FUL for residential development for a total of 36 dwellings.

1.3 This application seeks to vary permission 18/01111/FUL with changes to the layout, footpath and obscure glazing and provides additional information relating to surface water drainage, surface water management, archaeology, foul and surface drainage, materials, landscaping and the ridge heights of the 2.5 storey dwellings.

2 Recommendation2.1 It is recommended that the authority is granted to the Assistant Director for Planning and

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Agenda Item 4.2





Delivery to approve the application subject to :

(a) no objection from LLFA (b) conditions as set out in Appendix A, and (c) any further that may be recommended by the LLFA

3 Reason for RecommendationsThe site already has the benefit of an extant approval for residential development, infrastructure and landscaping and this application seeks to vary that approval and to provide additional information in relation to conditions imposed on 18/01111/FUL. The principal of development remains acceptable and the changes sought and additional information are acceptable.

4 Key Factors4.1 Reason for Committee Determination

The application is required to be presented to the Committee due to the number of representations received contrary to the recommendation.

4.2 Relevant Policies4.2.1 The Melton Local Plan 2011-2036 was adopted on 10th October 2018 and is the

Development Plan for the area.

4.2.2 No inconsistency with the NPPF has been identified that would render Local Plan policies ‘out of date’.

4.2.3 The Nether Broughton and Dalby Neighbourhood Plan has been adopted and forms part of the Development Plan.

4.2.4 Please see Appendix E for a list of all applicable policies

4.3 Main Issues4.3.1 The main issues for this application are considered to be:

Compliance with Development Plan Policies. Impact upon the character of the area Impact upon residential amenities Impact upon highways and parking Impact on footpath Impact on hedges Impact on ecology.

5 Report Detail5.1 Position under the Development Plan Policies5.1.1 The majority of the site is allocated for residential development under Policy OLD1 of the

adopted Local Plan. The southern part of the site falls outside of this allocation. The site is within the Limits to Development in the Neighbourhood Plan. Planning Permission has been granted for the entire application site and the principle of development is established: this application relates to amendments to those permissions.

5.2 Principle of Development

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5.2.1 The site has the benefit of an extant permission for residential development; this application seeks only to vary that permission and to provide additional information and therefore the principle of development is not at issue.

5.3 Impact upon the character of the area5.3.1 The proposed layout broadly follows the approved scheme with no changes to the highway

layout or general layout of dwellings. Revisions to housetypes results in minor changes to the footprint of some plots although the majority remain as approved. These are mostly confined to the northern part of the site which incorporate small changes to the approved footprint and in some instances such as plots 22, 25 and 27 include an additional ground floor room to the rear. The layout continues to propose active frontages on the key visual points of the site, to reduce the visual impact of vehicle parking and to effectively integrate all dwellings within the site. Plots 17, 18 and 36 retain the active frontages that abut the highway which together with the landscaping achieves a satisfactory appearance at the prominent point where the internal road diverges north and east.

5.3.2 To the south of the proposed public open space changes to the southern boundary are proposed together with the re-alignment of the footpath, the replacement of some hedging with fencing in the south-west corner of the site and the culverting of a small length of the drainage ditch. This follows the removal of approx. 6-8m hedgerow and a diseased tree in this location, and incorporation of the land into the garden of the adjacent house to the south. It allows for a more natural line for the public right of way and with the proposed tree planting and replacement hedge would be visually acceptable. The footpath would still run adjacent to the hedge and trees for the majority of the path from the site entrance to the south-east corner of the site other than for the access points serving the dwellings to the south. Once the replanted hedge has become established this will provide an attractive backdrop to the footpath and a green link to the open space adjacent to the site entrance. The area was formerly part of a ‘wildlife corridor’ which extended across the site from Longcliffe Hill through to its east boundary, comprised of continuous hedgerow, several trees and a ditch alongside. Retention of this corridor (in its entirety) was the subject of a condition. The plans propose to retain this with the exception of this 6-8m length, and a new hedgerow to be planted in this area, depicted as follows:

5.3.3 In visual terms and for users of the footpath it is considered that the amendment is minimal, particularly in the context of the whole length of the footpath and would seriously detract from the ‘user experience’ or deter its use.

5.3.4 The changes to the housetypes comprise relatively minor alterations to elevations, omission of ground floor windows, insertion of side facing bathroom windows, replacement of dormer windows with rooflights, minor changes in height, use of half the approved double garages as habitable accommodation etc. These changes are not considered to detract from the

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appearance of the scheme or its overall design and layout quality and as such are considered acceptable. With regard to the use of half of the previously approved double garages for habitable accommodation, this is limited to Plots 24, 26 and 28 which are two-bedroom bungalows and would still be served by one parking space and one single garage each; this is considered an acceptable parking provision.

5.3.5 It is considered the proposal would retain a high standard of design and layout, in compliance with the Development Plan.

5.4 Impact upon residential amenities5.4.1 The layout has been assessed to ensure the residential amenity of future occupants of the

development and existing neighbours would be secured. The scheme would minimise the impact on existing neighbouring properties through careful siting and design and would provide a satisfactory level of amenity for future occupiers. Concern has been raised regarding potential overlooking and loss of privacy where the site borders existing dwellings to the south. Plots 2-8 are sited adjacent to this boundary and are no nearer to the boundary than the approved scheme. Plot 2 is side onto the boundary and incorporates a proposed bathroom window which could be conditioned to be obscure glazed. This dwelling is sited 3.8 metres from the site boundary as previously approved. The rear of Plots 3-4 face onto this boundary, are 9.9 metres from the boundary as before and incorporate bedroom windows as previously approved with a separation distance in excess of 21m. Plots 5-8 also back onto this boundary (plots 5-6 are 11.25 metres from the boundary as previously approved and plots 7-8 are proposed to be 12.49 metres from the boundary as opposed to the approved 12.1 metres) As before bedroom and bathroom windows are proposed in line with the extant approval and the rear facing rooflights have the bottom cill more than 1.7 metres above the internal ground level, and a separation distance of 27m, significantly in excess of normally accepted standards.

5.4.2 Overall, it is considered the proposal would provide a satisfactory level of amenity for existing and future occupants.

5.5 Highway Safety and footpath alignment5.5.1 The proposal maintains the same number of houses and highway layout as previously

approved and the Highway Authority raise no objection to the minor changes which includes alterations to parking. The Highway Authority confirms the site layout is suitable to be taken forward to detailed design and adoption through the Section 38 process. The conversion of half of some double garages into habitable accommodation would not result in a significant loss of parking or undue additional pressure for on street parking.

5.5.2 The proposal also seeks to re-align footpath G89 that runs towards the southern part of the site before running north adjacent to the eastern boundary. The footpath would follow a less angled line by the public open space and would run adjacent to the highway rather than be separated by grass verge as previously approved. Landscaping would remain to the south of the footpath. As the footpath turns north it would have landscaping to both sides together with a 1 metre verge to each side until it reaches the northern most highway within the site when although the footpath width would remain there would not be the verge to each side.

5.5.3 It is considered that although the verge to each side is preferable for the amenity of users of the footpath, this aspiration and is not always achievable and there are numerous situations where public footpaths do not enjoy this treatment. A verge can be provided for part of the

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footpath within the site and along the southern portion the footpath would be adjacent to the highway and would not result in a harmful sense of enclosure.

5.5.4 The verges would be ‘pinched’ adjacent to Plot 28 (as depicted below); This would allow for the retention of the hedge on the boundary and this width would be for a limited distance. Some verge to each side would be provided albeit not 1 metre but the added sense of enclosure would be limited to the depth only of one dwelling. It is not considered that this arrangement would be so severe so as to affect the user experience and attractiveness of the footpath to an unacceptable extent. The Highway Authority (Rights of Way team) raises no objection to the proposals which propose the layout, surfacing, width and provision of a hand-gate on Footpath G89. On balance, it is considered the footpath provision would be acceptable.

5.5.5 Overall, the proposal is considered to be acceptable in terms of highway safety and footpath provision.

5.6 Affordable Housing/Housing Mix5.6.1 The affordable housing provision and housing mix would remain as previously approved

i.e. a total of 9 affordable houses would be provided on the basis off 2 affordable rented dwellings, 3 discount market units and 4 starter homes. There are also no changes to the housing mix for the market housing.

5.6.2 It is considered the proposals represent an acceptable housing mix in terms of size, type and tenure and results in a satisfactory affordable housing provision.

5.7 Ecology5.7.1 The proposal is broadly as previously approved with the eastern boundary hedge being

maintained. However, the hedge to the south of the internal access road is proposed to be replanted (with trees retained) rather than retained as previously proposed and as was secured by conditions. A revised landscaping scheme has been received and re-consultation with LCC Ecology has taken place which has not resulted in objection (to this element).

5.7.2 The comments from County Ecology relating to the northern and western boundaries where there are no buffers between the hedges and the domestic gardens are noted.

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However, should such buffers be incorporated the developable space would be significantly reduced and achieving a satisfactory scheme would become challenging. It should be noted this was also the case with the extant approval and this was accepted previously. Overall, it is considered the ecological interests of the site and immediate surroundings will be adequately safeguarded by the proposed layout together with conditions relating to construction methods in close proximity to hedges and additional landscaping.

5.8 Flood Risk/Drainage5.8.1 The proposal has been subject to consultation with the LLFA, Severn Trent Water and the

Environment Agency. The latter two raise no objection and further information has been requested by the LLFA and re-consultation will take place once received. The previous application secured the approval of the LLFA and it is expected this will be secured again. As such, it is anticipated this objection will be removed following the submission of further information.

5.9 Conditions5.9.1 The application also seeks to address or amend conditions. Condition 2 relates to the

approved plans and has been addressed above.

5.9.2 Conditions 4, 5 and 6 related to surface water drainage, long term maintenance and surface water management during construction. These are subject to outstanding consultation with LLFA.

5.9.3 Condition 7 required a one metre uncluttered verge either side of the public footpath. Following the full survey of the site, it has not proved possible to retain the boundary hedge and achieve the verge of this width to each side for its full length. However, this would only be for a short part of the footpath adjacent to Plot 28 and this section would still be bordered by the existing hedge (see also para 5.5.4 above). The hedge be retained along this part of the footpath where the retention of the existing hedge would have ecological benefits. The amenity of the footpath user would therefore only be compromised for a short stretch of the path, the footpath width would remain at two metres and landscaping would remain on the eastern side. It is also noted the Highway Authority raise no objection to this part of the proposal.

5.9.4 Condition 10 related to archaeology and this has been adequately addressed through provision having been made for the deposition of the archive. LCC Archaeology recommend the discharge of this condition

5.9.5 Condition 11 related to foul and surface drainage and this is subject to re-consultation with the LLFA.

5.9.6 Condition 13 required the obscure glazing of all ensuites and bathrooms windows and for several side facing windows serving bedrooms. The majority of the first floor side facing windows have been omitted and those retained do not result in undue overlooking or loss of privacy and do not need to be obscure glazed. The condition can be amended to retain obscure glazing in ensuite and bathroom windows only.

5.9.7 Condition 14 related to materials and the details submitted for doors, windows, walls and roofs are acceptable.

5.9.8 Condition 15 related to landscaping and the proposed landscaping details are acceptable.

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5.9.9 Condition 17 related to the requirement under condition of 18/01111/FUL of revised plans for the 2.5 storey dwellings stating the height of the 2.5 storey dwellings shall not exceed 9.2 metres to ridge level above the adjacent existing land levels and revised plans shall be submitted demonstrating compliance with this height restriction. Three plots comprising 2.5 storey dwellings would exceed 9.2 metres, at 9.31 metres overall height. Whilst the difference is marginal this height would be in breach of the condition and amended plans have been requested to resolve this discrepancy. Alternatively a condition could be imposed, as was the case for 18/01111/FUL re-imposing the limit of 9.2m.

6 Impact on Infrastructure6.1 None.

7 Consultation & Feedback 7.1 A site notice was posted in the vicinity of the site, the application was advertised and

neighbouring properties consulted. Re-consultation has taken place following the receipt of revised plans. Representations of objection have been received from 10 households.

8 Financial Implications8.1 None.


9 Legal and Governance Implications9.1 Legal implications are set out in the report where relevant. Legal advisors will also be

present at the meeting.

Legal Implications reviewed by: Legal Advisor (Planning)

10 Background Papers10.1 18/01111/FUL

11 AppendicesA: Summary of Statutory Consultation responsesB: Summary of representations receivedC: Recommended Planning ConditionsD: InformativesE: List of applicable Development Plan policies

Report Author: Joe Mitson, Planning Officer

Report Author Contact Details: [email protected]



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Appendix A : Consultation replies summaryParish Council: Object on the following grounds:

1. The application should have been the subject of two separate applications as the complexity and lack of clarity in the submitted application is unhelpful and obscures changes by stealth to the original planning permission.

2. The Council was concerned regarding the proposed changes to the original planning consent, particularly the addition of extra room space to individual dwellings by adding extra rooms over garages thus increasing the size of individual houses.

3 Concerned at the deletion of garages proposed for some of the plots which will lead to more vehicles being parked within the development and on Longcliff Hill, thus exacerbating highway problems namely parking of vehicles and traffic congestion on the sub-standard road of Longcliff Hill.

4 Concerned regarding changes to the hedgerow, landscaping scheme and footpaths set out within the original consent and requires further detail on these issues.

5. The application is a complex proposal relating to the approved application 18/01111/FUL to vary three conditions of that approval and providing “information” to discharge a further eight other conditions. (note that 22 conditions were initially applied to the approval so this application only relates to half of the conditions).

a. Conditions 2, 7 and 13 (plans, footpath, obscure glazing): Some changes to the plots appear to be minor variations (such as inclusion of side windows, whether or not glass should be opaque etc) but are deliberately opaque, concealed within the body of the application and obscure by stealth substantial changes to the original permissions making it difficult to fully assess the impact on neighbouring properties. The housing density on this site is relatively high and was critically considered during the initial approval, hence the imposition of condition 2 which stipulates which drawing revisions were to be followed for the avoidance of doubt and condition 13, to protect privacy. Any variation of conditions impacting on privacy and residential amenity should, in our submission, be rejected.

b. Reduced garage space is requested for the 2 bedroom bungalows. These should, in our view, be rejected as they reduce off road parking provision and increase the potential for increased on road parking.

c. An additional room over the garage is proposed for each of the three 5 bedroom properties (plots 22, 25 and 27). The revised drawings for these properties are confusing, showing variable ridge heights with some figures above the max 9.2m imposed in condition 17. The excess height is in part due to the second storey rather than simply a roof space. Whilst the external appearance of the extra room over the garage is not detrimental to the overall appearance, we submit that the space could have been used better to provide an internal arrangement which allows for less reliance on the second storey to provide 5 bedrooms and thus a better option for a reduced ridge height meeting condition 17.

d. We have no objections to other internal alterations.

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e. The application seeks to vary condition 7 so not be bound to re-instate the public right of way across the land as a 2m wide tarmac path with a 1m wide footpath verge along its whole length. This footpath existed over the land before the initial plans for housing and was a major issue considered at the approval stage. Condition 7 was imposed to protect this public amenity and the current request to vary the condition is to accommodate the proposed size of the property on plot 28. We submit that condition 7 should not be removed, as reducing plot 28 by approximately 1m in width to maintain the footpath in full will not significantly diminish the viability of the plot to accommodate a similar property.

6. Conditions 4, 5 6 and 11: surface and foul water management and surface water drainage; Condition 10 archaeology: The Parish Council supports the assessment of the statutory consultees.

7. Condition 14: material schedule: No objections.

8. Condition 15: Landscaping: There are clear policies in our Neighbourhood Plan (policies ENV4 and ENV9) which protect existing hedgerows and trees, promote wildlife corridors and encourage planting of trees. We submit that whilst the additional tree planning is to be welcomed, proposals to maintain the biodiversity of the hedgerow crossing the site adjacent to the footpath and preservation of the biodiversity of the western site boundary within the various plot gardens are still unacceptable.

9. Condition 17: ridge heights: As mentioned above, some of the drawings still show ridge heights above the 9.2m max imposed on condition 17. These require clarification to confirm that no property (with a second storey) is above 9.2m in height.

10. General: we are also concerned by some of the drawings submitted with the application which do not appear to be related to conditions the application wishes to discharge, as listed in the application form. For example the amended street lighting layout appears to relate to condition 12, the amended refuse vehicle tracking layout possibly to condition 18?, and it is difficult to see why the amended site clearance plan is included. Recently, an application for discharge and variation of conditions for another development site in the Parish in Nether Broughton was discussed by Melton Planning Committee and the Parish Council was not able to discuss or consider aspects of the original full planning permission outside those specifically requested in the application on the table. In the light of this precedent, the Parish Council does not support a decision being made on any condition other than those requested in this application at this stage but rather be deferred to a dedicated application related specifically to those issues.

LCC Highways: No objection subject to conditions.

LCC Archaeology: No objection to discharge of condition 10.

LCC Ecology: The existing western and the proposed northern hedgerow are immediately adjacent to plot boundaries with no buffer zone, recommend that the layout is rearranged to include buffers adjacent to the hedgerows. There is an opportunity for some biodiversity gain by planting the areas along the retained eastern and east-west hedgerow through the sites, and the area around and in the SUDs, with species-rich wildflower grasslands. Recommend that trees planted along the northern edge, adjacent to open countryside, are locally native species only; at present there is a mix of native and non-native. Finally, the new hedgerow to the north is pure

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Hawthorn. Further biodiversity benefit would be gained from a mixed native species hedge. Holding objection pending these changes to the landscape plans.

Environment Agency: No comments to make.

Melton Ramblers: Concerned about the width of the path at the north-west part of the development adjacent to Plot 28. Object to the removing of Condition 7 as anything less than the total overall width of 4m (2m wide tarmacadam path + 1m either side) will make the PROW unsafe and an unacceptable pinch point.

LLFA: Holding objection as sewer calculations do not correspond with the drainage strategy, no simulation results of the southern network have been provided, no details of how surface water can be managed through the construction phase of the development.

Appendix B : Summary of representations receivedRepresentations objecting have been received from 10 households raising the following concerns:

Original Consultation (objections from 9 households): Creating an urban development in a rural area, houses not keeping, loss of chimney

stacks, object to revised designs of Plots 1 and 2 and additional first floor window

Seeking to reduce conditions,

Public access, amenity and wildlife compromised,

Loss of a wildlife corridor,

2.5 storey dwellings becoming three storey

Conversion of garage space into living accommodation

Overlooking from Plots 3-6 first floor windows and addition of side windows for Plots 1-4 will lead to further overlooking,

Second Consultation(objections from 1 household):

Footpath provision is inadequate (see below)Third Consultation (objections from 4 households):

For a long length of the previous countryside footpath there is a proposed road and verge and for a further length it directly abuts a private drive wall and garage wall, width of footpath insufficient,

No play area,

Development seeking to remove conditions.

Appendix C: Recommended Conditions

1. The development hereby permitted shall be begun before the expiration of three 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 the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall not be carried out otherwise than in complete

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accordance with the following plans:

7737-01-001B7737-03-08H7737-10-001B7737-03-03E7737-03-04D7737-03-05K7737-03-06K7737-03-07F7737-03-08J7737-03-10C7737-03-11E7737-03-13E7737-03-19B7737-03-207737-03-227737-03-237737-03-24A7737-03-09H7737-03-14H7737-03-217737-03-02B7737-03-01CC7737-04-15K

Reason: To ensure a satisfactory form of development in accordance with Policies SS1 and D1 of the Melton Local Plan.

3. No development shall commence on site until all existing trees and hedges that are to be retained have been securely fenced off by the erection of post and rail fencing to coincide with the canopy of the tree(s), or other fencing as may be agreed with the Local Planning Authority, to comply with BS5837. In addition all hedgerows that are to be retained shall be protected similarly by fencing erected at least 1m from the hedgerow. Within the fenced off areas there shall be no alteration to ground levels, no compaction of the soil, no stacking or storing of any materials and any service trenches shall be dug and backfilled by hand. Any tree roots with a diameter of 5 cms or more shall be left unsevered.

Reason: In order to ensure the long term health of the trees and hedges to be retained.

4. No further occupation of any dwelling until the public footpath is provided in accordance with the approved plan and shall thereafter so remain.

Reason: To provide an all-weather route in the interests of amenity, safety and security of users of the Public Rights of Way in accordance with Paragraph 75 of the National Planning Policy Framework 2019.

5. The Public Footpath shall be provided with a hand-gate in the perimeter fence in the north eastern corner of the site compliant with LCC standard drawing SDFP11_REV_A.

Reason: To ensure access to the Public Footpath is retained in accordance with Paragraph 75 of the National Planning Policy Framework 2019.

6. Prior to occupation of the 10th dwelling the Public Footpath should be signposted from the

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point where it leaves the new estate road with a LCC standard footpath fingerpost compliant with LCC standard drawing SD/FP/7.

Reason: To ensure the path is easy to follow through the development in the interests of amenity, safety and security of users of the Public Rights of Way in accordance with Paragraph 75 of the National Planning Policy Framework 2019.

7. Surface water and foul tbc

Reason: To ensure that the development is provided with a satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

8. No use of the car parking areas serving Plots 1-8 shall be made until details of their illumination have been submitted to and approved in writing by the Local Planning Authority. These approved details shall be implemented prior to the use of the area for parking of residents vehicles and shall thereafter be so retained.

Reason: In order to minimise the risk of crime.

9. All ensuite and bathroom windows on all plots and bedrooms shown on the approved plans to be obscure glazed shall be glazed with densely obscured glass. This arrangement shall thereafter be retained at all times unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of residential amenity.

10. The development shall be carried out in accordance with the materials schedule 7737-10-001B.

Reason: In the interests of visual amenity.

11. The approved landscape scheme (7737-04-15K) shall be carried out before the occupation of the buildings or the completion of the development, whichever is the sooner; unless otherwise agreed in writing by the Local Planning Authority. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure the provision and maintenance of landscaping.

12. No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on M-EC drawing number 4154_08_020_01 Rev A have been implemented in full.

Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework (2019).

13. No part of the development hereby permitted shall be occupied until such time as vehicular visibility splays of 2.4 metres by 43 metres have been provided at the site access. These shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway.

Reason: To afford adequate visibility at the access to cater for the expected volume of traffic joining the existing highway network, in the interests of general highway safety, and in

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accordance with the National Planning Policy Framework (2019).

14. No part of the development hereby permitted shall be occupied until such time as 1.0 metre by 1.0 metre pedestrian visibility splays have been provided on the highway boundary on both sides of the access with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway and, once provided, shall be so maintained in perpetuity.

Reason: In the interests of pedestrian safety and in accordance with the National Planning Policy Framework (2019).

15. The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with HSSP Architects drawing number 7737-03-01CC. Thereafter the onsite parking provision shall be so retained for car parking in perpetuity.

Reason: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally and to enable vehicles to enter and leave the site in a forward direction in the interests of highway safety and in accordance with the National Planning Policy Framework (2019).

16. No part of the development shall be occupied until a scheme for offsite highway works, that being the provision of a footway on the eastern side of Longcliffe Hill, between the proposed site access and the existing footway at Longcliffe Close, with associated kerbing and carriageway widening where necessary to maintain a suitable carriageway width, has been submitted to and approved in writing by the Local Planning Authority and implemented in full.

Reason: To mitigate the impact of the development, in the general interests of highway safety and in accordance with the National Planning Policy Framework (2019).

Appendix D : Informatives

1. Planning This decision has been reached taking into account the requirements of paragraph 38 of the National Planning Policy Framework 2018 in approaching decisions on proposed development in a positive and creative way. The Local Planning Authority has endeavoured to use the full range of planning tools available to work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area seeking to approve applications for sustainable development where possible.

2. Planning Permission does not give you approval to work on the public highway. To carry out off-site works associated with this planning permission, separate approval must first be obtained from Leicestershire County Council as Local Highway Authority. This will take the form of a major section 184 permit/section 278 agreement. It is strongly recommended that you make contact with Leicestershire County Council at the earliest opportunity to allow time for the process to be completed. The Local Highway Authority reserve the right to charge commuted sums in respect of ongoing maintenance where the item in question is above and beyond what is required for the safe and satisfactory functioning of the highway. For further information please refer to the

Leicestershire Highway Design Guide which is available at

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https://resources.leicestershire.gov.uk/lhdg

The proposed road layout does not conform to an acceptable standard for adoption and therefore it will not be considered for adoption and future maintenance by the Local Highway Authority. The Local Highway Authority will, however, serve Advance Payment Codes in respect of all plots served by (all) the private road(s) 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 Advanced Payment Code may be exempted and the monies returned. Failure to comply with these standards will mean that monies cannot be refunded. For further details please email [email protected].

Signs should be erected within the site at the access advising people that the road is a private road with no highway rights over it.

A Public Right of Way must not be re-routed, encroached upon or obstructed in any way without authorisation. To do so may constitute an offence under the Highways Act 1980. A separate application for a diversion of an existing Public Right of Way should be submitted under the Town and Country Planning Act 1990 to the Local Planning Authority. The applicant is not entitled to carry out any works directly affecting the legal line of Public Rights of Way until a Diversion Order has become operative.

All proposed off site highway works, and internal road layouts shall be designed in accordance with Leicestershire County Council's latest design guidance, as Local Highway Authority. For further information please refer to the Leicestershire Highway Design Guide which is available at https://resources.leicestershire.gov.uk/lhdg

3. This permission shall be read in conjunction with the s.106 agreement under 18/01111/FUL.

Appendix E : Applicable Development Plan PoliciesLocal Plan

Policy SS1 Presumption in Favour of Sustainable Development.

Policy SS2 Development Strategy.

Policy C1 (A) Housing Allocations (OLD1).

Policy C2 Housing Mix.

Policy C3 National Space Standard and Smaller Dwellings.

Policy C4 Affordable Housing Provision.

Policy EN1 Landscape.

Policy EN2 Biodiversity and Geodiversity.

Policy EN8 Climate Change.

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https://resources.leicestershire.gov.uk/lhdg


Policy EN11 Minimising the Risk of Flooding.

Policy IN2 Transport, Accessibility and Parking.

Policy IN3 Infrastructure Contributions and Community Infrastructure Levy.

Policy D1: Raising the Standard of Design.

Broughton and Old Dalby Neighbourhood Plan

Policy S1 Limits to Development

Policy H1 Housing Provision

Policy H3 Windfall Sites

Policy H4 Housing Mix

Policy H5 Affordable Housing Provision

Policy H6 Housing Design

Policy ENV6 Footpaths and Bridleways

Policy ENV9 Biodiversity

Policy BE5 Broadband

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Planning Report20/00775/REM Longcliffe Hill House, Longcliff Hill, Old Dalby, LE14 3LP

1

Planning Committee4 February 2021


20/00775/REM Longcliffe Hill House, Longcliff Hill, Old Dalby, LE14 3LPPROPOSAL: Application for the approval of reserved matters for appearance, landscaping, layout and scale of 8 dwellingsAPPLICANT: Woodgate Homes Ltd

Corporate Priority: Delivering sustainable and inclusive growth in Melton

Relevant Ward Member(s): Joe Orson (Old Dalby)

Date of consultation with Ward Member(s):

7 January 2021

Exempt Information: No

1 Summary

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Agenda Item 4.3





2

1.1 The application site is on the edge of Old Dalby and is currently a green field site. Outline planning permission was granted in 2017 for residential development of up to 8 dwellings with associated vehicular access. Permission was granted by the Planning Committee subject to conditions and a Section 106 securing an education contribution and Village Hall contribution.

1.2 The site is adjacent to the settlement of Old Dalby and the outline permission was granted before the adoption of the Local Plan. Old Dalby is identified in the Melton Local Plan as a Service Centre. Policies SS1 and SS2 apply. Old Dalby is an area identified in the Local Plan as being one of the most sustainable locations for new housing development.

1.3 The application is for ‘reserved matters’ being appearance, landscaping, layout and scale, with access being approved as part of the outline permission.

RECOMMENDATION(S)1. It is recommended the application is approved subject to

a) Conditions as set out in Appendix C

2 Reason for Recommendations2.1 The application is recommended for approval as the principle of residential development is

established and the amended plans have demonstrated a layout, scale and design that is in keeping with the area and would not have a significant adverse impact on neighbouring residential amenity. The house type designs through consultation with the Parish Council have been amended to reflect the rural vernacular.

3 Key Factors3.1 Reason for Committee Determination3.1.1 The application is required to be presented to the Committee due to being a reserved

matters application where the outline was determined by the Committee as requested by the Chair of the Committee. Outline permission was approved at the meeting of 17 August 2017.

3.2 Relevant Policies3.2.1 The Melton Local Plan 2011-36 was adopted on 10 October 2018 and is the Development

Plan for the area.

3.2.2 No inconsistency with the NPPF has been identified that would render Local Plan policies ‘out of date’.

3.2.3 The Nether Broughton and Old Dalby Neighbourhood Plan was made in 2018 and carries full weight.

3.2.4 Please see Appendix D for a list of all applicable policies.

3.3 Main Issues

3.3.1 The main issues for this application are considered to be:

Housing Mix

Impact on the character and appearance of the area

Impact on residential amenity

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3

Impact on highways and parking

Timeframe for submission of reserved matters

4. Report Detail4.1 Position under the Development Plan Policies4.1.1 The site is within the Parish of Broughton and Old Dalby and has outline planning

permission for residential development. Matters of appearance, landscaping, layout and scale are for consideration at this ’reserved matters’ stage.

4.1.2 The Broughton and Old Dalby Parish Neighbourhood Plan was made in 2018 and carries full weight.

4.1.3 Other material considerations include the NPPF and the adopted MBC Housing Mix and Affordable Housing Supplementary Planning Document.

4.2 Housing Mix 4.2.1 Housing Mix was specifically required to be addressed by the ‘reserved matters’ application

at outline stage and as such is within the scope of the application.

4.2.2 Condition 7 of the Outline Planning Permission requires the reserve matters to provide for a mix of types and sizes of dwellings that will meet the area’s local market housing need.

4.2.3 Policy C2 relates to Housing Mix Residential proposals for developments of 10 dwellings or more should seek to provide an appropriate mix and size of dwellings to meet the needs current and future households in the Borough having regard to the latest evidence of housing need. The application is for 8 dwellings therefore Policy C2 is not engaged.

4.2.4 The Broughton and Old Dalby Neighbourhood Plan highlights that the Parish has a higher than average representation of older people (aged 65+) and that people living in the Parish are more likely to be living in dwellings with 4 or more bedrooms, there is an under representation of housing for single people with less than 2% of dwellings having one bedroom against 6% for the Borough. There is a high level of under-occupancy which suggests a need for smaller homes suitable for residents needing to downsize, small families and those entering the housing market. Providing suitable accommodation for elderly residents would enable them to remain in the local community.

4.2.5 Policy H4 of the Neighbourhood Plan (NP) states that new housing development proposals should provide a mixture of housing types specifically to meet identified local needs. The provision of 1, 2 and 3 bedrooms and homes suitable for older people including bungalows and dwellings suitable for those with restricted mobility, including those with disabilities or special needs requiring support in the community, will be supported.

4.2.6 The number of dwellings are below the threshold of 10 to meet the requirements of Policy C2. However, planning 7 of the outline application (17/00315/OUT) requires a mix of types and sizes of dwelling that will meet local market housing needs. The condition is not prescriptive because market housing needs can change over time and the source of information can also change.

4.2.7 Policy H4 of the Broughton and Old Dalby Neighbourhood Plan regards new housing and encourages a mixture of housing types specifically to meet identified local needs. The provision of dwellings of 1, 2 and 3 bedrooms and bungalows will be supported

4.2.8 The proposal includes :

1 x 2 bed

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4

4 x 3 bed

3 x 4 bedThe provision of a larger number of 2 and 3 bedroom dwellings means that there is a good mix and variety of choice across the site, which equates to 62% of the total number of proposed dwellings (5) have 2 or 3 bedrooms in accordance with the needs of the Parish as identified in the Neighbourhood plan.

4.2.9 There is also a single storey 2 bedroom bungalow proposed on the site which further aligns to the needs identified in the Neighbourhood Plan.

4.2.10 To summarise, it is considered that the development provides an acceptable housing mix across the site with the welcomed inclusion of a single storey bungalow and is therefore compliant with Policy H4 of the Neighbourhood Plan and broadly in line with the objectives of the condition applied at outline stage

4.3 Impact upon the character of the area4.3.1 Policy D1 of the Local Plan requires new development to be of high quality design

regarding layout, context, amenity, landscaping and connectivity. Policy H6 of the Neighbourhood Plan relates to housing design and states that development proposals should have regard to density, size, scale, massing and height that reflects the character of the settlement, giving an impression of space, pleasant street scenes and an inclusive road layout with short cuts linking existing roads together. In addition attention should be given to design and materials and retaining the integrity of the rural character of the individual settlement.

4.3.2 Amended drawings have been received following a workshop with the Parish Council and relevant members of the Council whereby concern was initially raised on the design of the buildings, character of the area and parking provision for visitors to the site.

4.3.3 The amended drawings include the removal of render to Plot 2, the addition of a further chimney to plot 8 and removal of roof lights from plots 1, 2, 3 and 7. It should be noted that 5 out of the 8 dwellings have had revisions to them following consultation through the ‘design workshop’ exercise.

Layout at submission

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5

Layout as revised

Plot 2 Original Design

Plot 2 Amended Design

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6

Plot 8 Original Design

Plot 8 Amended Design

4.3.4 It is also proposed to construct the properties in a brick that matches Longcliff Hill House and samples have been provided on the site, Blue clay roof tiles are also proposed to plots 1 and 2 to match the existing property.

4.3.5 The amendments provided now allow the development to better integrate within the village and be read in accordance with the surrounding rural landscape. The layout provides attractive landscaping to the street scene and active street frontages ensuring dwellings front on to the road with garden space and hedging allocated to dwellings where possible and not providing a hard edge from the entrance of the dwelling to the highway.

4.3.6 The development provides a mix of style and character with each plot relating well to each other and respecting character and form of its rural backdrop.

4.3.7 The proposed layout, scale and design of the proposed development is now considered to be appropriate for its context and in accordance with Policy D1 of the Local Plan and H6 of the Neighbourhood Plan.

4.4 Impact upon residential amenities4.4.1 The siting of the new dwellings lie to the other side of Longcliff Hill and separated from

existing built form by North Lodge Farm, however they lie within close proximity to an approved allocated site currently under construction and will be read within the residential context of the not village and not appear isolated in their form.

4.4.2 Due to the distance and orientation between the existing and proposed dwellings on Longcliff Hill there would be no significant loss of residential amenity in terms of loss of light or privacy which would indicate the proposal is contrary to the requirements of Policy D1 of the Local Plan and Policy H6 of the Broughton and Dalby Neighbourhood Plan.

4.4.3 The relationship of the proposed dwellings to each other is satisfactory and being a low density scheme, a good level of amenity and outdoor space is available.

4.4.4 Overall it is considered that the development can safeguard residential amenity in accordance with Policy D1 of the Local Plan.

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7

4.5 Highways and Parking4.5.1 Access to the proposal has already been secured by the outline permission on the site,

however a number of amendments have been made to the Reserved Matters proposal which considers both parking for the dwellings and visitor parking to the site. The proposed layout has been revised to remove a large number of tandem parking spaces with the majority of dwellings having off road parking to the front of the dwelling with a minimum of two spaces per dwelling but in the formation of a driveway and situated side by side as opposed to one vehicle behind another.

4.5.2 An amended site layout has been submitted which now includes a section of visitor parking on the west side of the main access which can accommodate up to 3 vehicles, and does not conflict with the approved access arrangements.

4.5.3 Whilst there may be some on street parking on limited occasions, it is considered ample space is available for this without undue impact on road safety or amenity, and the parking provision is considered acceptable and in line with the Leicestershire Highway Design Guide, Policy D1 of the Melton Local Plan and Policy H6 of the Neighbourhood Plan.

4.6 Ecology4.6.1 The development is required to be carried out in accordance with the Great Crested Newt

Survey undertaken by Brindle and Green (June 2017), this document sets out the requirement for a 1 metre buffer between the development and the hedge.

4.6.2 The amended proposals demonstrate a 1 metre buffer along the site boundaries which will be kept clear of development and provides suitable retention and protection of species found locally.

4.6.3 Plots have been orientated to have garden space facing the hedgerow which provides additional benefits to avian species in additional garden resources and feeding areas introduced by residents and light spill will be minimised from the main spine road onto the adjacent hedgerow.

4.6.4 As well as the retention of the hedgerow and several trees to safeguard as much biodiversity on the site as possible, additional landscaping is provided. Native species landscaping provides enhancement to the biodiversity of the site.

4.6.5 An initial objection was received to the proposal by the Ecologist who commented upon the removal of the buffer zone, which has now be re-applied to the scheme It is therefore anticipated that their concerns have been overcome and any amended comments from ecology will confirmed verbally to the Committee.

4.6.6 The proposed development is considered to accord with Policy EN2 of the Melton Local Plan and Section 15 of the NPPF.

4.7 Timeframe for submission of reserved matters4.7.1 The outline application was determined on 19.09.2018 with a time limited condition forming

conditions 1 of the permission and stating the following

“Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development to which the permission relates shall begin not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved”.

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8

Therefore inline with the above condition the submission of this reserved matters proposal is required to be submitted within 3 years from 19.09.2018. The date of this submission is 02.07.2020 and therefore within the parameters set by condition 1 of the outline permission.

5 Consultation & Feedback5.1 A site notice was posted and neighbouring properties consulted.

5.2 5 letters of objection / comment were received as summarised in Appendix B.

6 Financial Implications6.1 None


7 Legal and Governance Implications7.1 No specific issues are identified. The application is being considered by the Committee

under the scheme of delegation with in the Constitution. Legal advisors will also be present at the meeting.

Legal Implications reviewed by: Insert Reviewer (MO or deputy)

8 Background Papers8.1 17/00315/OUT: Erection of up to 8 dwellings with associated vehicular access permitted

subject to a Section 106 Agreement.

9 Appendices9.1 A: Consultation responses

B: Representations received

C: Recommended conditions

D: Applicable Development Plan Policies

Report Author: Louise Parker, Development Manager

Report Author Contact Details: 01664 [email protected]



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9

Appendix A : Summary of Statutory Consultation Responses

Ward Members: No comments

Parish Council: The Parish Council have discussed the above amended plans which we received on 7 January and have considered the proposed amendments following the joint Zoom Meeting on 3rd December and have no objections to raise.

LCC Highways: the Local Highway Authority advice is that, in its view, the impacts of the development on highway safety would not be unacceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe. Based on the information provided, the development therefore does not conflict with paragraph 109 of the National Planning Policy Framework (2019), subject to the conditions and/or planning obligations outlined in the repot.

LCC Lead Local Flood Authority (LLFA): The LLFA refer the Local Planning Authority to their standing advice for an application of this scale in this location.

LCC Ecology: Earlier comments were made based on significant changes to the site plans.

Given the additional information now submitted by Ramm Sanderson and the supporting letter from the Pegasus Group justifying the changes, I will accept the revised site plans with a 1 metre buffer. The site adjacent to the eastern boundary is managed garden and a farm yard, not open countryside. The site to the western boundary is open countryside however, there is a track adjacent to the boundary hedgerow which, if well used and maintained (e.g. flailed), could potentially reduce the value of this hedgerow as a significant wildlife corridor even if a 5 metre buffer were provided on this development site.

As set out in comments provided by RammSanderson 22nd September 2020 the hedgerows are to be retained. These hedgerows should be maintained with their value for wildlife in mind.

The landscaping plans are acceptable and also recognise that the northern section of the site is to be provided as habitat beneficial for wildlife.

Environment Agency: The Environment Agency has no objections to the Reserved Matters application as submitted, however, make the following comment.

The Lead Local Flood Authority (Leicestershire County Council) is consulted on the proposals with regards to the layout and scale and the need for a surface water drainage scheme to be implemented.

Appendix B: Summary of representations received.

Letters of objection / comments from 5 nearby residents raising concerns have been on the following matters:

- Increased traffic in the village leading to increased risk of accidents

- Suitability of local roads should be taken into account

- Paddock lost to large characterless houses that will be beyond the budget of most locals

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10

- No need for more houses on Longcliffe Hill

- Disruption during construction will be unbearable

- Proposal will have a devastating effect on the natural habitat and ruin a part of the countryside

- Construction vehicles will destroy the roads in the village

- Increase in noise

- No need for another building project on Longcliffe Hill

- Longcliffe hill is narrow at best and only a footpath on the opposite side to this development

- Access will be dangerous

- The applicant is out of time with regard to condition 1 of the outline permission

- The application is over 5 months beyond the expiry date of the outline and should be a new application.

- The amended layout differs vastly from the original application in terms of layout and character.

- Please look at improving the infrastructure when deciding to go ahead with this development

- Consider all the risks and minimise the potential threat to pedestrians and other road users.

- Now we have buildings surrounding the walk way which is an eyesore

- The natural habitat which was once full of a wide range of different wildlife will be severely lessoned and when their gone they won’t be coming back.

Appendix C : Recommended Conditions

1. The development hereby permitted shall be carried out in accordance with the drawings numbered

4229/AG/17/001 Revision A

19-95.02

KL-436-001 Revision P1

RSE_3988_TPP Revision V1

19-95.3, 19-95.4, 19-95.5, 19-95.6, 19-95.7, 19-95.8, 19-95.9, 19- 95.10, 19-95.11, 19-95.12 Received by the Local Planning Authority on 2 July 2020 and 21 December 2020

Reason: For the avoidance of doubt.

2. No development shall commence on site until all existing trees that are to be retained have been securely fenced off by the erection of protective fencing to coincide with the canopy of the tree(s), or other fencing as may be agreed with the Local Planning Authority, to comply with BS5837. In addition all hedgerows that are to be retained shall be protected similarly by fencing erected at least 1m from the hedgerow. Within the fenced off areas there shall be no alteration

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to ground levels, no compaction of the soil, no stacking or storing of any materials and any service trenches shall be dug and backfilled by hand. Any tree roots with a diameter of 5 cms or more shall be left un-severed.

Reason: To ensure that existing trees and hedges are adequately protected during construction in the interests of the visual amenities of the area and biodiversity.

3. The development shall be carried out in accordance with the recommendations contained within the submitted Arboricultural Impact Assessment reference RSE_3988_01_v1 produced by RammSanderson and issued June 2020

Reason: In the interests of biodiversity and to accord with the National Planning Policy Framework and Policy EN2 of the Melton Local Plan.

4. All construction work, demolition work and deliveries to the site during the construction period shall take place between the hours of 7.00 - 19.00 Monday to Friday 8.00 - 13.00 on Saturday and at no time on Sundays or public holidays.

Reason: In the interests of the amenity of nearby residents

5. The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with drawing number 19 95.02 submitted to the LPA on 21 December 2020. Thereafter the onsite parking provision shall be so maintained in perpetuity.

Reason: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally (and to enable vehicles to enter and leave the site in a forward direction) in the interests of highway safety and in accordance with the National Planning Policy Framework (2019).

Appendix D : Applicable Development Plan Policies

Melton Local PlanSS1 – Sustainable development

SS2 – Development strategy

C2 – Housing mix

C3 – National space standards and smaller dwellings

EN2 – Biodiversity

EN11 – Minimising the risk of flooding

EN13 – Heritage Assets

IN2 – Transport

IN3 – Infrastructure contributions

D1 – Raising the standard of design

Broughton and Old Dalby Neighbourhood Plan

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S2 – Settlement boundary

H4 – Housing mix

H6 – Housing design

ENV3 – Wildlife corridors and habitat connectivity

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(public pack)agenda document for planning committee, 04/02

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