Agenda and minutes

An apology for absence was received from Councillors D M Carter, B Dave and R E R Morris.

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'.

None.

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

In respect of application no. 17/00084/FUL (Nautical William, Aylestone Lane, Wigston, Leicestershire, LE18 1BA) at minute reference 8 (at page 5, para 2) it was requested that ‘public speaker’ be corrected to ‘Ward Councillor’.

RESOLVED THAT:

The minutes of the previous meeting of the Committee held on 15 June 2017 be taken as read, confirmed and signed (as amended).

RESOLVED THAT:

The minutes of the previous meeting of the Committee held on 20 July 2017 be taken as read, confirmed and signed.

To read, confirm and note the Action List arising from the previous meeting.

The Committee was advised that the adoption of the Technical Housing Standards (Nationally Described Space Standard) was a matter for inclusion in the emerging Local Plan only and, therefore, could not be realised as a stand-alone policy. It was requested that Members were to be consulted before the completion of the final draft of the Local Plan and that the Committee was to be kept informed periodically as to its progress.

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

UNANIMOUSLY RESOLVED THAT:

(i)       The Action List be noted by Members; and

(ii)     An update report on the adoption of the Technical Housing Standards be brought back to the next meeting of the Committee.

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

None.

Report(s) of the Planning Control Team Leader and the relevant Planning Control Officer(s).

Mr A Smith, an adjacent neighbour, spoke upon the application. He stated that the development exceeded the permitted 3 metres and was of an extremely poor standard of workmanship. The scale of the development was said to limit his access and ability to maintain his property and boundary and restricted the passage of light. The fumes from the chimney were also perceived to amount to a nuisance. He also cited concerns vis-à-vis the disregard for building control and due planning process.

Councillor M H Charlesworth spoke upon the application as Ward Councillor for the Wigston All Saints Ward. He relayed similar concerns in respect of the development’s impact upon the neighbouring dwelling. He opined that irregularities had been committed by the privately-contracted building inspector, the application demonstrated a patent disregard for planning process and was frustrated in that the Council as a local planning authority had little authority to intervene or regularise.

The Committee gave consideration to the application (at pages 16 - 22) as jointly-delivered and summarised by the Planning Control Team Leader and Enforcement Officer which should be read together with these minutes as a composite document.

A debate thereon was had whereby it was agreed that the extension, by virtue of its projection beyond 3 metres in depth, resulted in it having a scale and bulk that was unacceptably overbearing upon the neighbouring dwelling contrary to the provisions of Core Strategy Policy H14 and Saved Local Plan Policy L1 which sought to ensure that, amongst other things, developments are sympathetic to their surroundings as well as contributing positively to the environment by way of design, scale and form.

In reaching a decision the Committee was advised that, if it was minded to refuse planning permission, the only possible course of regulatory action was to require the extension to be reduced in depth by 0.5 meters in accordance with permitted development rights. It was advised that local planning authorities were only empowered to intervene in building control matters when a complaint is received from an applicant alleging substandard levels of work carried out by private-sector contractors and that, in this instance, no such complaint had been received.

Members expressed their dissatisfaction with the Council’s limited oversight and regulatory powers over the quality of private-sector involvement in building control.

It was moved by Councillor J Kaufman, seconded by Councillor Mrs H E Loydall and

UNANIMOUSLY RESOLVED THAT:

The application be REFUSED planning permission for the foregoing reasons.

The Committee gave consideration to the application (at pages 23 - 29) and the agenda update (at pages 1 - 4) as delivered and summarised by the Planning Control Team Leader which should be read together with these minutes as a composite document.

Councillor Mrs H E Loydall stated that her written representation made upon the application on 07 August as a Ward Councillor (at pages 1 -2 of the agenda update) sought to highlight possible implications and did not amount to a pre-determination.  

A debate thereon was had whereby concerns were reiterated that the application’s proposed conversation of self-contained flats represented another affront to the retention of dwelling-houses for family use for which, and in the absence of any policy at the present time, Members acknowledged could not be properly refused planning permission. Other additional concerns were also raised in relation to the inadequate levels of living-space and amenity and limited vehicle parking and manoeuvrability potentially endangering highway and pedestrian safety.

In reaching a decision the Committee was advised that, if it was minded to refuse planning permission or unduly defer the application, the costs of any successful appeal lodged by the applicant may be awarded against the Council and, or, risked a claim of maladministration for deferral on non-substantive and unreasonable grounds.

It was moved by Councillor G A Boulter, seconded by the Chair and

RESOLVED THAT:

A condition be added requiring a scheme detailing the surface treatment for the parking area and sustainable drainage provisions for the site to be submitted and approved.

Votes For                  4

Votes Against          1

Abstentions             3

It was moved by the Chair, seconded by Councillor D A Gamble and

RESOLVED THAT:

The application be GRANTED planning permission in accordance with the submitted documents and plans and subject to the prescribed conditions (as amended).

Votes For                  4

Votes Against          0

Abstentions             4