Agenda and minutes

An apology for absence was received from Councillor Dr T K Khong.

Councillor B Fahey substituted for Councillor Dr T K Khong.

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'.

Councillors Mrs L M Broadley and F S Broadley declared they had been contacted by the neighbour(s) at 203 and 209 Wigston Road, Oadby in respect of planning application number 15/000381/FU. They stated that they did not express a view upon the same and advised the neighbour(s) to contact the relevant Planning Officer. Both Members confirmed they attended the meeting with an open-mind.

Councillor Mrs S Z Haq declared that she knew a member of the public in attendance in respect of an unknown planning application. She stated that she attended the meeting with an open-mind.

Councillor J Kaufmann declared that he had spoken to a member of the public in attendance in respect of an unknown planning application. He stated that he attended the meeting with an open-mind.

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

The Interim Planning Control Manager stated that, in respect of planning application number 15/000381/FUL as refused by Members at the previous meeting of this Committee on 19 November 2015, the reasons minuted for refusal (at Minute Reference 42) did not acknowledge the fact that those reasons, in part, may be mitigated by way of an unilateral agreement pursuant to the Town and Country Planning Act 1990, section 106 in order to realise the implementation of the applicant-funded Traffic Regulation Order (TRO). The Interim Planning Control Manager sought to confirm if it was Members’ intention to include the unilateral agreement as part of the reasons minuted for refusal should planning permission be granted upon any subsequent appeal. 

The Chair, Councillor L A Bentley, stated that although this Committee resolved to refuse planning permission for the reasons minuted, it was this Committee’s intention to include the unilateral agreement as part of the reasons minuted for refusal should planning permission be granted upon any subsequent appeal.

The Vice-Chair, Councillor Mrs L M Broadley, and Councillor D M Carter confirmed the same. 

RESOLVED THAT: 

Subject to the point of clarification aforementioned, the minutes of the previous meeting of the Committee held on 19 November 2015 be taken as read, confirmed and signed.

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

None.

The Committee gave consideration to the supplementary agenda update (at pages 1 - 3) as circulated at the meeting, which should be read together with these minutes as a composite document.

Councillor G A Boulter sought to clarify the unknown Officer in attendance.

The Chair stated that the Officer in question was Mr David Gill from North West Leicestershire District Council substituting for the Monitoring Officer as the Committee’s Legal Advisor.

The Chair advised that the planning applications for consideration by the Committee would be considered in the subsequent order as below-mentioned.

The Committee gave consideration to the report and appendices (at pages 11 - 56) as jointly-delivered by the Interim Planning Control Manager and Planning Officer, together with the supplementary agenda update (at pages 1 - 3) as circulated at the meeting, which should be read together with these minutes as a composite document.

1.   Application No. 15/00488/FUL – 11 Southmeads Close (Land Adjacent), Oadby, Leicestershire, LE2 2LT

Mr Peter Woodthorpe, Chartered Surveyor at Reading Surveyors, spoke upon the application on behalf of Mr and Mrs Sergeant of 12 Southmeads Close, Oadby as an objector.

Mr Woodthorpe stated that the site in question was of a unique and sensitive nature, being heavily-wooded and located within the Oadby Arboretum area. He stated that previous applications to develop this site had been met with numerous objections, including the Oadby Civic Society. It was said that on this occasion, the timescale of informing local residents may have resulted in a number of local residents being unable to respond in time. He identified three elements of concern: namely:-

(i)        The potential damage to trees – With reference to the report (at pages 47 - 48) citing the concerns of the Council’s Arboriculturist, he stated that concerns had been raised concerns about the limited room for construction activities to take place without damage to a number of protected trees on the site. He further stated that the rear right-hand corner of the proposed development intruded into the canopy of a 30 year old specimen tree within garden at 12 Southmeads Close, noting that that damage to tree would be caused as a result of the proposed development;

(ii)       The impact of the development on the adjacent property – With reference to the report (at page 47) citing that ‘the proposal could have some impact on amenity...’ etc, he stated that the windows to the left-hand elevation all served the main living accommodation at 12 Southmeads Close. He added that these windows directly faced the proposed building with a two storey high-blank brick to be built immediately facing at a distance of 6.1 m. He invited Members to consider the impact of the same. With reference to paragraph 4.4.8 of the Council's Residential Development Supplementary Planning Documents (SPD), he submitted that the application was a special case and the development ought to be considered "overbearing and too dominant on the neighbouring property"; and

(iii)      The poor quality of the design – He submitted that if the Members were minded to grant planning permission, the Committee would be failing to uphold its own planning standards by allowing a house of a substandard design to be  ...  view the full minutes text for item 50.