Agenda and minutes

Development Control Committee
Thursday, 25th August, 2016 7.00 pm

Venue: Council Offices, Station, Wigston. View directions

Contact: Samuel Ball  Email: samuel.ball@oadby-wigston.gov.uk

Items
No. Item

10.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor Mrs S Z Haq.

11.

Appointment of Substitutes

To appoint substitute Members in accordance with Rule 4 of Part 4 of the Constitution.

Minutes:

None.

 

12.

Declarations of Interest

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

Minutes:

In respect of planning application number 16/00175/FUL:

 

(i)        Councillor R E Fahey declared a non-pecuniary interest insofar as he had previously presented a petition to the Leicestershire County Council Highway Forum for Oadby and Wigston on 15 October 2015 regarding car parking abuse by parents on, amongst other streets in the area, New Street, Oadby;

(ii)       Councillors J Kaufman and D A Gamble declared a non-pecuniary interest insofar as they had previously supported community campaigns lead by the Save Our Schools (Oadby) campaign group.

 

All Members confirmed that they attended the meeting without prejudice and with an open mind.

13.

Minutes of the Previous Meeting held on 28 July 2016 pdf icon PDF 103 KB

To read, confirm and sign the minutes of the previous meeting in accordance with Rule 17 of Part 4 of the Constitution.

Minutes:

RESOLVED THAT: 

 

The minutes of the previous meeting of the Committee held on 28 July 2016 be taken as read, confirmed and signed.

14.

Petitions and Deputations

To receive any Petitions and, or, Deputations in accordance with Rule 24 of Part 4 of the Constitution.

Minutes:

None.

15.

Delegation to Officers of CLUED's and Similar Quasi-Judicial Decisions DOCX 63 KB

Minutes:

The Committee gave consideration to the report (at pages 8 - 9) as delivered and summarised by the Interim Planning Control Manager which should be read together with these minutes as a composite document.

 

Councillor Mrs H E Loydall moved the recommendations en bloc as set out at paragraphs 2.1 and 2.2 of the report (at page 8).

 

The Vice-Chair seconded the recommendations.

 

UNANIMOUSLY RESOLVED THAT:

 

(i)        In future, all applications for a Certificate of Lawful Use (CLUED), should ordinarily be delegated to the Planning Control and Regeneration Manager acting in consultation with legal advice, where any question of relevant law arises; and

(ii)       Such applications for any Certificate of Lawful Use (CLUED) should not ordinarily give rise to public consultations as would any “ordinary” planning application, other that any specific enquiries to establish or confirm the facts of the case, sufficient to confirm those facts beyond a balance of probabilities.

16.

Report of the Planning Control Manager pdf icon PDF 162 KB

Minutes:

1.   Application No. 6/00175/FUL - Launde Primary School, New Street, Oadby, Leicester, Leicestershire, LE2 4LJ

 

Dr Justine Mercer spoke upon the application on behalf the Save Our Schools (Oadby) campaign group as an objector. She stated that the application, if granted, would exacerbate the traffic congestion on New Street, Oadby due to a proposed increased pupil capacity from 540 to 640 students. She opined that due process had been subverted as a Travel Plan had not been submitted before, or at the time, of the making of the application. It was said that the recommendation (at page 19) was not based upon the proper scrutiny of the recently published Travel Plan which, in her opinion, offered little to mitigate traffic congestion and requested the Plan be remitted for improvement and review before the application was to be considered.

 

Councillor Mrs H E Loydall sought clarification from the speaker as to the cited increase in pupil capacity.

 

Dr Mercer stated that, to her understanding, an increase of 100 pupils was anticipated by the application’s proposal.

 

The Committee gave consideration to the report (at pages 11 - 18) as delivered and summarised by the Interim Planning Control Manager which should be read together with these minutes as a composite document.

 

The Interim Planning Control Manager added that the existing Travel Plan, as proposed at condition 3 (at page 17), was a starting point to achieve an attenuation in traffic congestion and that there were numerous initiatives for potential inclusion within the Plan that could consistently lower car generation. He stated that the Travel Plan was to be reviewed annual by the school’s governing body to achieve this.

 

The Chair moved for the application to be debated by the Committee.

 

Councillor Mrs H E Loydall seconded the Chair’s motion.

 

Councillor J Kaufman enquired as to how any measurement of the success of the proposed Travel Plan to mitigate traffic congestion was to be ascertained.

 

The Interim Planning Control Manager advised that the school, as part of its annual review process, was to monitor and compare the levels of car generation from the start to the end of the next academic year and to make adjustments (viz. a walking-bus arrangement, parental contracts) to the Plan, accordingly.

 

With reference to the ‘Summary’ (at page 16), Councillor B Dave sought clarification as to ‘providing the applicant can demonstrate at a minimum...’ (emphasis added). He was critical of the short commentary provided by the Highways Authority at Leicestershire County Council (at page 12) and stated that content of the report in respect of the traffic congestion did not reconcile with the situation on the ground.

 

The Legal Advisor advised that the expert commentary provided by the Highways Authority, albeit short, was to be read as no objection(s) having been raised. He stated that Members’ objections must be robustly formulated to withstand scrutiny.

 

Councillor K J Loydall asked whether the anticipated highway works by the Highways Authority had been taken into consideration in respect of the application.  ...  view the full minutes text for item 16.