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DEVELOPMENT CONTROL AND REGULATORY BOARD

15 TH DECEMBER 2005

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

COUNTY MATTER

SEVERN TRENT WATER – PROPOSED CONSTRUCTION OF TWO GRP KIOSKS – SEWAGE TREATMENT WORKS, OFF BRASCOTE LANE, NEWBOLD VERDON ( BOROUGH)

2005/1189/04 – 1 st November 2005

Location of Proposal

1. Newbold Verdon Sewage Treatment Works (STW) is located 210m along an access road off the western side of Brascote Lane, approximately 100m to the south west of the nearest residential property in the village of Newbold Verdon. The site is surrounded by established woodland to the north and west and open fields to the south and east.

Description of Proposal

2. Planning permission is sought for the construction of two Glass Reinforced Plastic (GRP) control kiosks. One of the new kiosks would house controls for a new sand filter and the other would house controls for new a storm tank washwater system and new screen handling equipment. Both kiosks would measure 3.6 metres x 1.85 metres x 2.4 metres high and would have a dark green external colour finish. One kiosk would be located in the north of the STW and the other would be near the centre of the site.

3. All traffic associated with the proposal would use the main site access off Brascote Lane. Construction vehicles would deliver the two kiosks and concrete for the base plinths. Cars and light vans would transport construction operatives to the site. Once operational the proposal would not generate any increase in traffic movements to or from the site.

4. The installation of the new new storm tank cleaning system, screen handling equipment and sand filter (to replace existing lagoons), along with the installation of a replacement screen and new desludging and transfer pumps will be undertaken as permitted development as part of a capital maintenance programme at the STW site. 2 2005/1189/04 – continued

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2005/1189/04 – continued

Planning Policy

5. The Development Plan in this instance is made up of the Regional Spatial Strategy , , and Rutland Waste Local Plan , Leicestershire, Leicester and Rutland Structure Plan and the Hinckley and Bosworth Local Plan . The most relevant policies are set out below.

6. The application site is allocated as Open Countryside within the Hinckley and Bosworth Local Plan .

7. Policy NE5 states that planning permission will be granted for built development in the countryside provided the development is (inter alia): important for the local economy and cannot be provided within or adjacent to an existing settlement. Development must not have an adverse impact on the character and appearance of the landscape, be in keeping with the scale and character of the general surroundings, effectively screened by landscaping, and should not generate traffic likely to exceed the capacity of the highway network or impair road safety.

Publicity

8. This application has been advertised by site notice on 9 November 2005 and press notice published on 17 November 2005. No letters of representation have been received within the prescribed time-scale.

Consultations

Hinckley and Bosworth Borough Council – Planning

9. No objection.

Hinckley and Bosworth Borough Council – Environmental Health

10. No adverse comments.

Newbold Verdon Parish Council

11. No reply received when this report was published.

Highway Authority

12. No comments.

Environment Agency

13. No objections.

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Assessment of Proposal

14. The proposed development lies within the bounds of the existing Sewage Treatment Works in open countryside to the south west of Newbold Verdon. In the context of countryside policies, the proposed development is associated with other plant and equipment at the site and therefore needs to be located within the existing STW for operational reasons.

15. Given the small size of the development and the existing natural screening surrounding the site, the proposed development would not be visible from the wider landscape and the green colour would blend well with the back drop of vegetation. It is considered therefore that the proposed development would have a negligible impact on the appearance of the Countryside and is unlikely to affect any residential properties.

16. The proposal is considered to accord with the policies of the development plan and be acceptable in planning terms, and is recommended for approval accordingly.

Recommendation

A. Permit subject to the conditions, as set out in the appendix.

B. To endorse, as requested by the Town & Country Planning (General Development Procedure) Order 1995 (as amended) a summary of this:

(i) Policies and proposals in the development plan which are relevant to the decision, as follows:

This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant Circulars, together with the relevant Development Plan policies, including the following, and those referred to under the specific conditions, as set out in the appendix: -

Hinckley and Bosworth Borough Local Plan Policy NE5.

(ii) Reasons for the grant of planning permission as follows:

The County Council is of the opinion that the proposed development is in accordance with the development plan and that there are no material considerations that indicate that the decision should be made otherwise. The County Council also considers that any impacts to the amenity of the area as a result of the proposed development would reasonably be mitigated by the imposition of the conditions, as set out in the appendix.

Circulation Under Sensitive Issues Procedure

Mrs R Camamile, CC

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Officer to Contact

Miss R. Megee (Tel. 0116 265 7054) Email: [email protected]

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Conditions

1. The development hereby permitted shall be begun within three years of the date of this permission.

2. Unless previously agreed in writing by the Director of Community Services, the development hereby permitted shall be carried out in accordance with the submitted plans and details.

3. Unless otherwise agreed in writing by the Director of Community Services, the development hereby permitted shall be treated and thereafter maintained in a dark green colour finish.

Reasons

1. To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. For the avoidance of doubt and to ensure a safe and satisfactory form of development.

3. In the interests of the amenity of the locality. (Hinckley and Bosworth Local Plan Policy NE5)

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970, the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995.

You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPLUSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Regional Spatial Strategy, Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

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