Agenda and minutes

Development Control Committee
Thursday, 15th June, 2017 7.00 pm

Venue: Council Chamber - Council Offices. View directions

Contact: Planning Control  Tel: (0116) 288 8961 Email: planning@oadby-wigston.gov.uk

Items
No. Item

1.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor D A Gamble.

 

The Senior Democratic Services Officer / Legal Officer declared Councillors Gurpal S Atwal and Dr Teck K Khong absent from the meeting as neither Member was eligible to take their seat on the Committee until such time that they had undergone basic training on the law and procedure relating to the functions of the same.

2.

Appointment of Substitutes

Minutes:

None.

3.

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 16/00575/OUT, Councillors G A Boulter and R E R Morris declared a non-pecuniary interest insofar as they had been contacted by local residents and objectors regarding the same in their respective capacities as County and Ward Councillor(s).

 

In respect of planning application number 17/00084/FUL:

 

(i)       Councillor Mrs H E Loydall declared a non-pecuniary interest insofar as her residential property was deemed to be within the application area of the site and that she had been contacted by objectors regarding the application; and

(ii)     Councillor G A Boulter declared a non-pecuniary interest insofar as the applicant was personally known to him. 

 

In respect of planning application number 17/000109/COU:

 

(i)       Councillor G A Boulter declared a non-pecuniary interest as Chair of the Services Delivery Committee insofar as the proposed use of the building in question fell under the remit of the said Committee;

(ii)     The Chair and Councillor R E R Morris declared a non-pecuniary interest insofar as they had attended a public consultation meeting held regarding the same.

 

In respect of planning application number 17/00115/FUL, Councillor Mrs H E Loydall declared a non-pecuniary interest insofar she had been contacted by objectors regarding the same.

 

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

4.

Minutes of the Previous Meeting held on 13 April 2017

The minutes of the Development Control Committee held on Tuesday, 13 April 2017 shall stand as an item to be received at the next meeting of the Committee due to be held on Thursday, 20 July 2017.

Minutes:

The minutes of the Committee held on Tuesday, 13 April 2017 shall stand as an item to be received at the next meeting of the Committee due to be held on Thursday, 20 July 2017.

5.

Petitions and Deputations

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

Minutes:

None.

6.

Housing White Paper: Increase in Planning Fees in the Borough DOCX 76 KB

Report of, and to be Presented by, the Planning Development and

Regeneration Manager.

Minutes:

The Committee gave consideration to the report (at pages 1- 2) as delivered and summarised by the Planning, Development and Regeneration Manager which should be read together with these minutes as a composite document.

 

The Committee welcomed the report yet emphasised the need for the Council’s Chief Finance Officer / Section 151 Officer and Planning Officers to continue to work and to seek new ways to improve the Borough’s housing market, particularly in view of the government’s misguided ambition to build new homes at the cost of compromised dwelling living standards and, ultimately, to the detriment of residents.

 

RESOLVED THAT:

 

A 20% increase in planning fees in the Borough with effect from July 2017 in order to invest this additional fee income in the planning department be noted.

7.

Confirmation of The Borough Council of Oadby & Wigston Tree Preservation Order(s) (TPO's)

Report(s) of, and to be Presented by, the Planning Control Team Leader.

Minutes:

The Committee gave consideration to the three foregoing reports and appendices (at pages 3 - 31) as delivered and summarised by the Planning Control Team Leader which should be read together with these minutes as a composite document.

7a

Land at Briar Walk, Oadby, Leicestershire DOCX 72 KB

Additional documents:

Minutes:

It was moved by the Chair, seconded by Councillor Mrs H E Loydall and

 

UNANIMOUSLY RESOLVED THAT:

 

The Borough Council of Oadby & Wigston (Land at Briar Walk, Oadby, Leicestershire) Tree Preservation Order 2016 be confirmed with modifications.

7b

Land at Gartree Road, Oadby, Leicestershire DOCX 72 KB

Additional documents:

Minutes:

It was moved by the Chair, seconded by Councillor Mrs H E Loydall and

 

UNANIMOUSLY RESOLVED THAT:

 

The Borough Council of Oadby & Wigston (Land at Gartree Road, Oadby, Leicestershire)Tree Preservation Order 2016 be confirmed with modifications.

7c

The Grange, Highfield Drive, Wigston, Leicestershire, LE18 1PP DOCX 74 KB

Additional documents:

Minutes:

Mr Liam Burgess of 159 Leicester Road, Wigston (an adjacent landowner) spoke upon the TPO in question objecting to its confirmation citing concerns in relation to the tree marked T1 that included falling debris, lack of sunlight, bird faeces, root damage, poor maintenance and issues of liability potentially arising therefrom. 

 

A debate thereon was had by Members whereby it was generally agreed that any perceived issues concerning TPO’s ought to be carefully and properly assessed and that in this instance, and although previous assessments were reported to have deemed T1 to be in a safe condition, further investigations should be undertaken to gather certain evidence to confirm, or otherwise, Mr Burgess’ said concerns.

 

In reaching this decision, the Committee was advised that local authorities are (in certain circumstances and subject to strict criteria and limitations) liable to pay compensation for loss or damage caused or incurred in consequence of it refusing consent for works to trees protected under a TPO. It was reiterated that owners of both un/protected trees were responsible for the proper maintenance thereof.

 

It was moved by the Vice-Chair, seconded by the Chair and

 

UNANIMOUSLY RESOLVED THAT:

 

The Borough Council of Oadby & Wigston (The Grange, Highfield Drive, Wigston, Leicestershire, LE18 1PP) Tree Preservation Order 2016 be confirmed with the exception of the tree marked T1 at the present time.

8.

Report of the Planning Control Team Leader DOCX 78 KB

Report(s) of, and to be Presented by, the Planning Control Team Leader and the relevant Planning Control Officer(s).

Additional documents:

Minutes:

1.     Application No. 16/00575/OUT - HM Young Offenders Institute Glen Parva, Tigers Road, Wigston, Leicestershire, LE18 4TN

 

Mrs Caroline Sutton spoke upon the application on behalf of those residents living in the immediate (unadopted) private-estate adjacent to the application site as an objector. Mrs Sutton raised concerns as to the removal of the courtesy fence and its relocation nearer to the estate stating that space was needed for replanting and to avoid tree root damage to closeby drains, roads and houses. She insisted that the existing fence be repaired and remain in situ and that additional screening was essential to lessen noise and light pollution. Mrs Sutton also stated that any vehicular parking and access to/from the site should be via Tigers Road only.

 

Mr Nick Hardy, Ministry of Justice (MoJ) spokesperson, spoke upon the application on behalf of the applicant. He explained that the application formed part of a £1.3bn programme aimed to transform the estate to support prisoner rehabilitation, to modernise and make prisons safer and more efficient and to create jobs. Acknowledging residents’ concerns, he said that full details of the boundary treatment were to be worked up and agreed at the next stage of the planning process. He stated that the Transport Assessment prepared by Atkins (“the Atkins TA”) concluded less traffic generation, that no vehicular access from Crete Avenue would be permitted and that ample parking provision for staff and visitors was to be provided on-site. It was said that the old buildings were to be demolished and new buildings set further back from the boundary to improve residential amenity.

 

In response to questions put to Mr Hardy by Members, he advised that the Atkins TA was carried week commencing 25 October during school term-time, that in discussion with Blaby District Council (“the lead authority”) the preferred access route was Tigers Road to protect and preserve green public open-space land and that the choice of consultation venue (within the city’s boundary) was taken upon considerations of suitability, capacity and convenience to all affected stakeholders.

 

The Committee gave consideration to the application (at pages 33 - 58), the agenda update (at pages 1 - 4) and a further e-mail dated 14 June from Leicestershire County Council as Highways Authority (HA) (a transcript of which is filed at the end of these minutes) as delivered and summarised by the Planning Control Team Leader (“the Team Leader”) which should be read together with these minutes as a composite document. It was added for clarity by the Team Leader that proposed conditions 6, 9 and 15 operated prior to demolition and conditions 11, 17 and 21 operated after demolition but for information thereon was to be received thereafter.

 

A debate thereon was had whereby although it was acknowledged that the scope for consideration was duly limited to access and scale, the Committee sitting as a panel of elected Members considered it their collective duty to best protect the interests of the Borough and its residents as far  ...  view the full minutes text for item 8.