APPENDIX B

Report of the Director of Environment

Planning Committee

2 April 2008

DEVELOPMENT CONTROL REPORT

1. Background Papers

For the purposes of Section 100 (d) of the Local Government (Access to Information) Act 1985 all consultation replies listed in this report, along with the application documents and any accompanying letters or reports submitted by the applicant, constitute Background Papers which are available for inspection, unless such documents contain Exempt Information as defined in the Act.

2. Late Information: Verbal Updates

Any information relevant to the determination of any application presented for determination in this Report, which is not available at the time of printing, will be reported in summarised form on the 'UPDATE SHEET' which will be distributed at the meeting. Any documents distributed at the meeting will be made available for inspection.

3. Expiry of Representation Periods

In cases where recommendations are headed "Subject to no contrary representations being received by ..... [date]" decision notices will not be issued where representations are received within the specified time period which relate to matters not previously raised..

4. Delegation of Wording of Decision Notices

Where a decision is reached contrary to the recommendation printed in the report, the wording of the reasons for refusal or planning conditions, as the case may be, is hereby delegated to the Director of Environment.

5. Decisions on Items of the Director of Environment

The Chairman will call each item in the report. No vote will be taken at that stage unless a proposition is put to alter or amend the printed recommendation. Where a proposition is put and a vote taken the item will be decided in accordance with that vote. In the case of a tie where no casting vote is exercised the item will be regarded as undetermined. At the end of the report the Chairman will put a proposition that the report and recommendations therein, with the exception of any items previously voted upon (including those items that remain undetermined) be adopted and the wording of any new or amended conditions or reasons for refusal be delegated to the Director of Environment.

6. Standard Conditions and Reasons

Where a short code is specified for a condition, the reason for that condition is the standard reason set out in the Conditions and Reasons book. Non-standard conditions and/or reasons are set out in full in the report.

2

CONTENTS

Section A - Previously Considered Items

Page 4 There are no items in this section

Section B - Planning Applications

B1 Page 6 08/00054/FUL Erection of seven no. dwellings Land To The Rear Of 166-176 Ashby Road Coalville Leicestershire B2 Page 18 06/01503/OUT Change of use of land to country park landscaping, open space, access and parking in connection with development of Nailstone Colliery site (Outline - with details of access) Former Nailstone Colliery Wood Road Nailstone

Section C - Householder Applications

C1 Page 33 07/01604/FUL Erection of extension to existing attached garage (revised scheme) 5 The Gables Upper Packington Road Ashby-De-La-Zouch

Section D - Other Matters Page 37 There are no items in this section

3 PREVIOUSLY CONSIDERED ITEMS- SECTION A

SECTION A- PREVIOUSLY CONSIDERED ITEMS

There are no items in this section

4 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

SECTION B- PLANNING APPLICATIONS

5 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Erection of seven no. dwellings Report Item No B1

Land To The Rear Of 166 -176 Ashby Road Coalville Application Reference Leicestershire LE67 3LB 08/00054/FUL

Applicant: Date Registered Tag Homes Ltd. 10 January 2008

Recommendation: Target Decision Date PER106 6 March 2008

Site Location

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

1. Proposals and Background This is an application for the erection of seven dwellings on land to the rear of existing properties on Ashby Road; the site appears to have been used in the past as additional "garden" land in association with some of the Ashby Road dwellings and had a significant number of trees on it. The site has now, however, been largely cleared and is currently vacant.

The site is adjacent to the former Wagon and Horses site, where a scheme of nine dwellings has recently been completed; the proposed scheme would, in effect, be an extension of that scheme, served by its vehicular access.

6 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

In February 2007, an earlier scheme submitted by the owners of the site was refused contrary to officer recommendation at the Planning Committee (ref. 06/01524/FUL). The reasons for refusal were as follows:

1. Policy E3 of the North West Leicestershire Local Plan seeks to prevent development which would be detrimental to the amenities of occupiers of nearby dwellings by reason of, amongst others, scale, height, massing and design. The proposed dwellings would have windows at first and second floor level which would result in significant overlooking of rear gardens and windows to habitable rooms of dwellings in Ashby Road to the detriment of the amenities of their occupiers and contrary to Policy E3 of the Local Plan.

2. Policy E4 of the North West Leicestershire Local Plan states that, in the determination of applications, regard will be had to the wider setting of new buildings; new development should respect the character of its surroundings, in terms of, amongst others, scale, design, density, height and massing. The proposed development involves three storey development at a density of 47 dwellings per hectare in a location where, having regard to the proximity to neighbouring dwellings, the scale, design and overall massing of the proposed development would be out of character with its surroundings, contrary to Policy E4 of the Local Plan.

As per the refused proposals, the current scheme would provide for seven no. three storey dwellings. However, all of the proposed dwellings' second floors would be located within the roof space, whereas four of the previously refused dwellings were "true" three storey.

A further application (by the same applicants as 06/01524/FUL) was submitted in May 2007 showing six dwellings (ref. 07/00708/FUL), but remains undetermined pending unresolved requests for further information.

2. Publicity 24 neighbours notified. Site Notice posted 17 January 2007

3. Consultations County Highway Authority consulted 11 January 2008 Severn Trent Water Limited consulted 11 January 2008 Head of Environmental Protection consulted 11 January 2008 Head Of Leisure And Culture consulted 11 January 2008 County Planning Authority consulted 11 January 2008 NHS Leicester, Leicestershire And Rutland Facilities Consor consulted 11 January 2008 Parks Manager consulted 11 January 2008 LCC Request For Tree Or Forestry Advice consulted 21 February 2008

4. Summary of Representations Received Six representations have been received objecting on the following grounds: - Environmental Impact Assessment should have been required - Loss of wildlife habitat through tree clearance which has occurred - Insufficient green space between dwellings for wildlife - Since site was cleared, residents on Ashby Road now have a view of the industrial estate, which is an eyesore

7 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

- Overshadowing - Site should be developed for bungalows - Development is motivated by greed of the developers and of the Council (for additional Council Tax) - Overlooking / loss of privacy - Inappropriate to have three storey dwellings adjacent to the existing quaint miners’ cottages / terraced houses - Noise from access road / turning area - Previous Committee required bungalows - Path to neighbours’ garden via the site would be blocked

County Education Authority requests an developer contribution of £10,997 in respect of high school education

County Head of Commercial and Support Services requests an developer contribution of £430 in respect of library facilities

County Waste Management requests a developer contribution of £227 in respect of civic amenity provision

County Heritage Services recommends that bat bricks and boxes be provided and that native trees be planted

5. Relevant Planning Policy

RSS 8 Policy 2 sets out a sequential approach to the selection of land for development.

Policy 3 sets out a number of criteria which need to be taken into account in the assessment of the suitability of land for development in terms of its sustainability.

Leicestershire, Leicester and Rutland Structure Plan There are no policies within the Leicestershire, Leicester and Rutland Structure Plan considered relevant to the proposed development.

North West Leicestershire Local Plan The site is within Limits to Development as defined in the North West Leicestershire Local Plan.

Policy H4/1 sets out a sequential approach to the release of land for residential development, and seeks to direct new housing towards previously developed land in accessible locations, well served by, amongst others, public transport and services. This policy reflects advice in PPS 3, PPG 13, RSS 8 and the Structure Plan.

Policy H6 seeks to permit housing development which is of a type and design to achieve as high a net density as possible, taking into account housing mix, accessibility to centres, design etc. Within Coalville and Ashby-de-la-Zouch town centres, local centres and other locations well served by public transport and accessible to services a minimum of 40 dwellings per ha will be sought and a minimum of 30 dwellings per ha elsewhere (in respect of sites of 0.3 ha or above).

Policy H7 seeks good quality design in all new housing development

8 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Policy H8 provides that, where there is a demonstrable need for affordable housing, the District Council will seek the provision of an element of affordable housing as part of any development proposal. The explanatory text sets the threshold for requiring an affordable housing contribution at sites of 1 hectare or more in size or 25 or more dwellings.

Policy E2 seeks to ensure that development provides for satisfactory landscaped amenity open space and secures the retention of important natural features, such as trees.

Policy E3 seeks to prevent development which would be significantly detrimental to the amenities enjoyed by the occupiers of nearby dwellings, and presumes against residential development where the amenities of future occupiers would be adversely affected by the effects of existing nearby uses.

Policy E4 seeks to achieve good design in new development.

Policy E6 seeks to prevent development where it would prejudice the comprehensive development and proper planning of a larger area of land of which the site concerned forms part.

Policy E7 seeks to provide appropriate landscaping in association with new development including, where appropriate, retention of existing features such as trees or hedgerows

Policy T3 requires development to make adequate provision for vehicular access and circulation and servicing arrangements.

Policy L21 sets out the circumstances in which schemes for residential development will be required to incorporate children's play areas. Further guidance is contained within the Council's Play Area Design Guidance Note Supplementary Planning Guidance.

6. Assessment

Principle of Development In terms of the principle of residential development, it is noted that the site is not allocated for residential (or any other) use within the North West Leicestershire Local Plan.

The site is located within the built up area of Coalville, and is well related to the town centre. Given its apparent usage as garden, the site would constitute previously-developed land. Having regard to the Development Plan's sequential approach to the release of land, the site would fall within category (b) (previously-developed land elsewhere (i.e. not within or adjoining the town centres) within Ashby de la Zouch or Coalville).

Density of Development PPS 3 recommends a minimum density of 30 dwellings per hectare. The application site is 0.15 hectares in size, and the proposal (which includes for the erection of seven dwellings) would therefore equate to a net site density of approximately 47 dwellings per hectare, which is considered appropriate in this instance. Whilst the density formed part of the Planning Committee's reasons for refusal in respect of the earlier scheme for the same number of dwellings, it is Officers' opinion that a density of 47 dwellings per hectare is not excessive given (i) the good accessibility credentials of the site referred to above (a minimum of 40 dwellings per

9 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B hectare would normally be required under Local Plan Policy H6 for sites of 0.3 ha or above in this location, for example) and (ii) the density of nearby development (the overall density of Nos. 166 to 186 Ashby Road would be approximately 48 dwellings per hectare, for example).

Means of Access As set out above, the development is proposed to be accessed via the new vehicular access serving the Wagon and Horses development. The County Highway Authority advises that it would normally seek to resist a proposal that would lead to an increase in vehicular traffic at the junction of All Saints Close and Ashby Road where the presence of on street car parking bays is such that visibility is restricted. However, on the basis of the visibility actually available, the County Highway Authority accepts that it would be unlikely that it would be able to sustain a reason for refusal on highways grounds in the event of an appeal. The County Highway Authority therefore raises no objections subject to the imposition of conditions as set out in the recommendation below.

Form of Development and Design As per the refused scheme, the proposed development shows the dwellings arranged in a linear formation (parallel to the existing dwellings on Ashby Road), all served from a new private drive off the existing development access. The proposed arrangement would also enable a further parcel of land to the west (rear of 182 to 186 Ashby Road) to be accessed, if the development of that land were proposed and considered appropriate in the future.

In terms of design, it is considered that the proposed dwellings are appropriate in this area, and the requirements of Local Plan Policies E4 and H7 are considered to be met by the scheme.

Neighbours' Amenities The most immediately affected dwellings would appear to be those on the Ashby Road frontage, and concern has been expressed regarding overlooking of the existing dwellings from the proposed new units.

The separation between the proposed and existing dwellings would vary between approximately 19 and 26 metres, whereas the minimum window to window distance set out in the Council's Development Guidelines suggests a distance of 22 metres would be appropriate; the minimum distance between the proposed dwellings and the neighbouring gardens to the south would be approximately 10 metres. It is noted therefore that there would be a shortfall vis-à-vis the Development Guidelines standards in some parts of the site, and it should also be borne in mind that the development would be three storey, however, as noted above, the second floor accommodation would be provided within the roof space, thus limiting the impact to some degree.

Compared to the previously-refused scheme, it is noted that the proposed dwellings, at ridge height 8.6 metres above finished floor level, would be approximately 1 metre and 2 metres lower than the previously-refused house types. This, in addition to the separation distances proposed, is considered to represent an acceptable form of development in this regard.

Also of relevance is the impact on the amenities of the neighbouring garden land to the west, and a substantial gabled elevation (although reduced vis-à-vis the refused scheme) would be presented to this aspect. This would, it is considered, be likely to result in some loss of amenity

10 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B to the use of this area but, given the distance from the frontage dwellings themselves, a refusal on this issue would again seem difficult to sustain. As such, the proposal is considered to satisfy Local Plan Policy E3.

Developer Contributions It is noted that the application proposes the erection of seven dwellings and, under normal circumstances, would not be subject to developer contribution requirements under, for example, Leicestershire County Council's Developer Contributions protocol or the District Council's children's play requirements. However, officers are of the view that, in effect, the application site forms part of a larger site coming forward in a piecemeal fashion (i.e. the current site and the Wagon and Horses site combined) and, therefore, it would be proper to seek the relevant contributions where appropriate. No developer contributions were able to be secured in respect of the original Wagon and Horses planning permission (ref. 04/00740/OUT) at that time, given that the development was for nine dwellings, below the relevant thresholds for contributions. Consideration of the various contributions follows.

Children's Play The applicants do not propose to provide an on-site children's play area and, as per the previous proposals, a commuted sum has been offered as a contribution towards the provision of a new children's play area proposed to be constructed at the District Council's Urban Forest Park. Contributions towards this scheme are also proposed to be secured in association with the Stamford Homes development (ref. 06/00066/FUL - land at 138-148 Ashby Road, considered by the former Planning and Environment Group in July 2006, with the permission issued in April 2007 following completion of a Section 106 agreement). The Stamford Homes site is better related to the site of the proposed play area as it will incorporate a direct pedestrian link through to the play area, whereas the Wagon and Horses site would be somewhere in the order of 475 metres walking distance, beyond the 400 metres walking distance referred to in the Council's Play Area Design Guidance Note Supplementary Planning Guidance (but comfortably within the 240 metres straight line distance also referred to in the SPG). However, the proposal has the support of the Council's Grounds Technician, and it is also noted that the existing play area on Kendrick Close is within close proximity of the site (albeit to the other side of Ashby Road, and with no capacity to provide additional equipment). The sum offered is £7,000 (i.e. calculated on the basis of £1,000 per additional dwelling proposed under the current application, which is comparable to commuted sums secured elsewhere in the District). Clearly, however, this does not secure an element of contribution in respect of the originally approved nine dwellings on the Wagon and Horses site, and such issues are difficult to resolve in circumstances such as these whereby adjacent sites come forward at different times. On balance, and as per previously, it is not considered an unreasonable offer so as to enable at least part of the site to be accommodated for.

Developer Contributions Requested by Leicestershire County Council The education, library and waste contributions requested by Leicestershire County Council are set out in the consultations summary above, and the applicants are agreeable in principle to making the financial contributions requested. As per the children's play contributions above (and as per the previous application), these requests have been made by the County Council on the basis of a development of seven dwellings. In addition to the above, it is understood that the County Highway Authority would again wish to seek a contribution (likely to be £2,000) towards public transport (bus shelters).

11 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Healthcare At the time the previous application was considered, a healthcare contribution of £11,437 was sought and agreed. At the time of preparing this report no response had been received from the Leicestershire County and Rutland NHS Primary Care Trust in respect of the current proposals. However, the applicants have confirmed their agreement to making the same contribution in respect of the current application.

Affordable Housing It is noted that, as a site (in combination with the Wagon and Horses site) of 15 or more dwellings, under the new national threshold for affordable housing requirements set out in PPS 3 (published in November 2006), there would be a requirement for such a contribution. However, in view of the advanced stage reached in the application process at the time the national threshold was implemented, it was considered reasonable at the time that application 06/001524/FUL was determined to apply the threshold set out in the Local Plan (i.e. 25 dwellings). As such, an affordable housing contribution was not sought at that time. Since that time, however, the District Council has also adopted a new Affordable Housing SPD (which also refers to the threshold of 15 units) and regard should be had to that document, as well as PPS 3 and Local Plan Policy H8.

Whilst the current policies would require a contribution for a development of 15 or more units (which, in combination with the Wagon and Horses, this site would be), it was accepted at the time the previous application was considered that an affordable housing contribution was not required. Whilst the new SPD has been adopted since that time, it is considered that, on balance, it would not be entirely reasonable to refuse the scheme on this basis at this stage.

Impact on Trees As noted above, there were previously a significant number of trees within the application site, and the previous applications were accompanied by tree surveys, together with details of those trees to be removed / retained. At the time the current application was submitted, equivalent information was requested to accompany the submission; however, the agent advised that the site had been cleared, thus negating the need for a survey. Notwithstanding this, however, the application site inspection revealed that a number of trees to the periphery of the site remained; furthermore, there are existing trees outside of the application site but potentially affected by the proposals (i.e. within the adjacent school grounds). A tree survey / report was again requested following this inspection, and the relevant details have now been received. The County Arboricultural Officer advises that the submitted details are acceptable.

Conclusions Overall, whilst the proposed development would, in parts, fall short of the separation distances set out in the Council's Development Guidelines, the impact on the amenities of the area would not be such that a refusal of planning permission would be considered to be warranted. It is also considered that the proposed development represents an improvement on the scheme previously refused by the Planning Committee.

It is therefore recommended that planning permission be granted subject to the applicants first entering into a Section 106 agreement.

12 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

RECOMMENDATION- PERMIT, subject to Section 106 Obligations, and subject to the following condition(s):

1 The development shall be begun before the expiration of three years from the date of this permission.

Reason- to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

2 All materials to be used in the development hereby permitted shall be in accordance with a schedule of materials and finishes which shall first have been submitted to and approved in writing by the Local Planning Authority.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no details have been submitted.

3 No development shall commence on site until provision has been made for the satisfactory disposal of foul and surface water from the site in accordance with a scheme which shall first have been submitted to and approved by the Local Planning Authority.

Reason- to ensure that satisfactory provision is made at the appropriate time for the disposal of foul and surface water.

4 Unless otherwise agreed in writing by the Local Planning Authority, no development approved by this permission shall be commenced until such time as: (a) A Desk Top Study (Phase I Investigation) of the site has been conducted. The Desk Top Study report shall include an assessment of the environmental setting, including geology, hydrogeology, landfills and all other relevant environmental information. The report shall include a risk assessment of the proposed development including potential sources, pathways and receptors and a conceptual site model. Following the risk assessment, recommendations for intrusive investigation, if necessary, shall be provided, including the rationale behind the design and justification of proposed chemical testing. The Phase I Investigation report shall be submitted to and approved in writing by the Local Planning Authority prior to conducting an intrusive investigation.

(b) Where the Desk Top Study has identified a potential risk, a Geo-environmental site investigation (Phase II Investigation) has been conducted. This shall include an intrusive investigation to establish ground conditions, including soil, gas and water where relevant, and shall include a plan showing exploratory locations. The investigation shall include appropriate chemical testing of relevant media, and the results of the investigation shall be used to carry out a risk assessment including development of the conceptual site model, based on current UK best practice including CLEA. This shall include justification of Generic Assessment Criteria and risk assessment models used. The report shall also include recommendations for remediation and / or further investigation. The Phase II Investigation report shall be submitted to and approved in writing by the Local Planning Authority prior to conducting any remediation.

(c) Where a risk of harm to human health or the environment has been identified, a Remediation Method Statement has been submitted in order to ensure that the site is

13 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

suitable for its proposed use. This shall be presented as a separate document to the Phase II Investigation report and shall include a detailed description of the proposed remediation design including details of any consents or licenses required, and site management procedures (where site neighbours, environment or amenity may be impacted upon). The report shall also include details of how the works will be validated. The Remediation Method Statement report shall be submitted to and approved in writing by the Local Planning Authority prior to conducting any remediation. Following approval of the Remediation Method Statement, no remediation shall take place until such time as written notice of the date of the intention to undertake the remediation has been given to the Local Planning Authority, and either (i) the Local Planning Authority has given written approval to the works being undertaken on the date specified; or (ii) a period of 14 days from the serving of the written notice of the intention to undertake the remediation has elapsed. If, during remediation works any unforeseen contamination is encountered the Remediation Method Statement shall be reviewed and an amended Remediation Method Statement report submitted to and approved in writing by the Local Planning Authority.

(d) Upon completion of the remediation works, a Validation Report has been submitted to and approved in writing by the Local Planning Authority. The Validation Report shall include confirmation that all remediation works have been carried out fully in accordance with the approved scheme as outlined in the Remediation Method Statement. This shall include substantiating data, which may include laboratory or in-situ test results, monitoring results and a plan showing the treatment areas. The Validation Report shall also include confirmation that remediation objectives have been met and that the site is now suitable for its intended use.

Reason - To ensure the safe development of the site, having regard to previous use of it.

5 Unless otherwise agreed in writing by the Local Planning Authority, no development shall commence until such time as a landfill gas risk assessment has been submitted to and approved in writing by the Local Planning Authority. The gas monitoring proposals shall be submitted to and approved in writing by the Local Planning Authority prior to any works being conducted.

Reason - To ensure the safe development of the site, having regard to the presence of two former landfill sites within 250 metres of the application site.

6 Before development commences on the site a landscaping scheme shall first be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in the first planting and seeding season following either the first occupation or the bringing into use of the development hereby approved unless an alternative implementation programme is first agreed in writing with the Local Planning Authority. The scheme shall have particular regard to the treatment of the site boundaries.

Reason- to ensure satisfactory landscaping is provided within a reasonable period.

7 Any tree or shrub which may die, be removed or become seriously damaged shall be replaced in the first available planting season thereafter and during a period of 5 years from the first implementation of the approved landscaping scheme or relevant phase of the scheme, unless a variation to the landscaping scheme is agreed in writing with the Local Planning Authority.

14 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Reason- to provide a reasonable period for the replacement of any trees.

8 Notwithstanding the details shown on the submitted plans, no development shall commence on the site until such time as a detailed scheme for the boundary treatment of the site and a timetable for its implementation has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed scheme and timetable. Notwithstanding the provisions of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) no gates, fences, walls or other means of enclosure (other than any approved pursuant to this condition) shall be erected, unless planning permission has first been granted by the Local Planning Authority.

Reason - To preserve the amenities of the locality, and in the interests of safety of schoolchildren during construction works.

9 The development hereby permitted shall be carried out strictly in accordance with the floor levels shown on plan numbers 2007/47/02 and 2007/47/06 (when read in conjunction with existing levels on plan number 2007/47/010) unless any alternative scheme of levels is first agreed in writing by the Local Planning Authority.

Reason - To ensure the development takes the form envisaged by the Local Planning Authority, in the interests of amenity.

10 Notwithstanding the provisions of Part 1 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) the dwellings hereby permitted shall not be enlarged, improved or altered, nor shall any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouses be provided unless planning permission has first been granted by the Local Planning Authority.

Reason - To enable the Local Planning Authority to retain control over future development in view of the form and density of the development proposed.

11 No site works of any description shall take place on the site until such time as the existing trees shown as retained on the proposed layout have been securely fenced off in accordance with the scheme for their protection as detailed on plan numbers 2007/47/07 and 2007/47/08 deposited with the Local Planning Authority on 27 February 2008. Within the fenced off areas there shall be no alteration to ground levels, no compaction of the soil, no stacking or storing of any materials and any service trenches shall be dug and back-filled by hand, unless any alteration is first agreed in writing by the Local Planning Authority.

Reason - To ensure that existing trees are adequately protected during construction in the interests of the visual amenities of the area.

12 Notwithstanding Condition 8 above, no walls, fences or other means of enclosure shall be erected at any time within the fenced off area referred to in Condition 11 above unless in accordance with a written method statement which shall first have been submitted to and approved in writing by the Local Planning Authority.

15 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Reason - To ensure that existing trees are adequately protected during and after construction, in the interests of the visual amenities of the area.

13 All doors and windows shall be constructed in timber.

Reason - To ensure the development takes the form envisaged in the applicants’ Design and Access Statement, in the interests of amenity.

14 No work shall commence on site until such time as precise details of the treatment of the dwellings’ eaves, all heads and cills, and all rainwater goods have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details.

Reason - To ensure the development takes the form envisaged in the applicants’ Design and Access Statement, in the interests of amenity.

15 No vehicular access gates, barriers, bollards, chains or other such obstructions shall be erected to the vehicular access.

Reason - To enable a vehicle to stand clear of the highway whilst the gates are opened / closed and protect the free and safe passage of traffic, including pedestrians, in the public highway, and in the interests of amenity.

16 The development hereby permitted shall not be brought into use until such time as drainage has been provided within the site such that surface water does not drain into the public highway and shall thereafter be so maintained.

Reason - To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users.

17 The development hereby permitted shall not be brought into use until such time as the turning facilities shown on the proposed layout have been provided in full. The turning area so provided shall not be obstructed and shall be available for use at all times.

Reason - To enable vehicles to enter and leave the site in a forward direction, in the interests of the safety of road users.

18 The development hereby permitted shall not be used at any time unless the whole of the car parking is available as shown on plan no. 2007/47/02.

Reason - To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking problems in the area.

19 The development hereby permitted shall not be brought into use until such time as the access drive and any turning space have been surfaced with tarmacadam, concrete or similar hard bound material (not loose aggregate) for a distance of at least 5 metres behind the highway boundary and, once provided, shall be so maintained at all times.

Reason - To reduce the possibility of deleterious material being deposited in the highway (loose stones etc.).

16 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

20 The development hereby permitted shall not be occupied at any time unless a scheme of measures to provide replacement bat habitat is in place in full accordance with details first submitted to and agreed in writing by the Local Planning Authority.

Reason - To ensure that adequate measures are taken to provide for replacement bat habitat.

Notes to applicant

1 This decision has been made in accordance with Policies H4/1, H6, H7, H8, E2, E3, E4, E6, T3 and L21 of the North West Leicestershire Local Plan, Supplementary Planning Guidance and all other material considerations. The Council has taken into account all representations but considers the degree of harm that would arise would be insufficient to warrant refusal. 2 For the avoidance of doubt, this decision has been made with regard to drawing numbers 2007/47/01, 2007/47/02, 2007/47/03, 2007/47/04, 2007/47/05 and 2007/47/06 received by the Local Planning Authority on 10 January 2008, and drawing numbers 2007/47/07 and 2007/47/08 received by the Local Planning Authority on 27 February 2008. 3 Y02 4 This decision is in accordance with the resolution of the Planning Committee of 2 April 2008 and is subject to a Section 106 Obligation regarding the following matters: - Payment of a commuted sum in lieu of a children’s play area - Contribution towards education - Contribution towards library facilities - Contribution towards civic amenity facilities - Contribution towards public transport facilities - Contribution towards healthcare 5 The applicants are advised that, for the purposes of complying with Condition 8 above, the proposed scheme should include an appropriate means of boundary treatment to the adjacent All Saints’ C of E Primary School, with the relevant measures to this boundary to be implemented prior to the commencement of any construction works. 6 All works within the limits of the highway with regard to the access should be carried out to the satisfaction of Leicestershire County Council’s Highways Northern Area Manager - (telephone 01509 622100). 7 The County Highway Authority advises that elements of the proposal are situated in excess of 45 metres from the highway. In order to cater for emergency vehicles, the County Highway Authority advises that the drive and any turning areas should be constructed so as to cater for a commercial or service vehicle in accordance with British Standard B.S.5906, 2005 and Building Regulations Approved Document B, Fire Safety 2006.

Change of use of land to country park landscaping, open Report Item No space, access and parking in connection with development of B2 Nailstone Colliery site (Outline - with details of access)

Former Nailstone Colliery Wood Road Nailstone Application Reference Leicestershire 06/01503/OUT

17 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Applicant: Date Registered SWIP Ltd 20 September 2006

Recommendation: Target Decision Date PER 15 November 2006

Site Location

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

1. Proposals and Background The former site of Nailstone Colliery lies within the administrative area of Hinckley and Bosworth Borough Council. The colliery closed in the early 1990s. Between the former colliery site and the village of Battram to the north is an existing agricultural landscape; part of which lies within the administrative area of North West Leicestershire District Council. This agricultural landscape is wholly situated outside limits to development and thus constitutes countryside as defined under Policy S3 of the North West Leicestershire Local Plan. The area is within the boundaries of the National Forest.

18 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

This outline application for planning permission (ref: 06/01503) proposes that the agricultural lands immediately to the south of Battram be used as a country park, with associated landscaping, open space, access and parking. The application comprises the smaller element of a much larger outline scheme for the re-development of the former Nailstone Colliery site submitted concurrently in late 2006 to Hinckley and Bosworth Borough Council comprising storage and distribution uses (Class B8), small business units (Classes B1(c), B2 and B8), the formation of a new access and the remaining area of the country park, landscaping and open space. The overall development scheme has a total site area of some 143 hectares.

In December 2006, the Planning Committee of Hinckley and Bosworth Borough Council resolved to support the application within its juristiction, however, the scheme was subsequently ‘called in’ for determination by the Secretary of State. Following a public inquiry in November 2007, the Secretary of State granted planning permission on 6 March 2008. In permitting the application, the Secretary of State concluded that no lesser degree of enabling development (i.e. the proposed employment uses at Nailstone Colliery) would secure the much needed restoration of the former colliery site and the creation of a country park. The determination of the District Council’s application was held in abeyance pending the outcome of the ‘called in’ application given that the applicants would not be in position to proceed with the country park should they not secure planning permission for the ‘enabling development’ on the former colliery site.

The application as originally submitted to the District Council was accompanied by an Environmental Impact Assessment, which included a Planning Support Statement, a Design and Access Statement and indicative Masterplans, a Transportation Assessment, a Ecological Report, a Landscape Assessment, Noise and Vibration Assessment, Air Quality Assessment, Hydrology, Hydrogeology and Drainage Assessment, Employment Land Study, Archaeology and Cultural Heritage Assessment and a Non-Technical Summary. Due to the size and nature of the proposed development the Environmental Assessment was required to accord with the Town and Country (Assessment of Environmental Effects) Regulations 1988. Additional survey reports in relation to archaeological and ecological matters were submitted in the light of the initial consultation responses of the County Archaeologist and Natural England (see below).

The illustrative masterplans provided with the application indicate that the overall development scheme is split into four zones with different aims for each of them. The zone within the District Council’s administrative area comprises part of the ‘Northern Park Area’ which will be planted up with woodland to facilitate a link between Battram Wood and the existing Nailstone Wiggs Wood. The main access into the country park is proposed from the north eastern corner of the application site off Battram Road, along with a new car park. The area of the application site (within North West Leicestershire) in closest proximity to Battram village is shown on the indicative scheme to be meadowland with hedgerows, a sensory garden and sitting areas. Footpaths (suitable for both disabled and able-bodied users), cycle paths and bridle path links are to be provided within the northern area of the country park along with a lake, around which there is the possibility of siting a picnic area. (An adventure playground and outdoor classroom and an education centre with warden facilities are proposed to the south-east of the new car park - all within the administrative area of Hinckley and Bosworth Borough Council). All facilities are to be set within woodland that would comprise a variety of species; these could include some more ornamental species that could provide opportunities for the demonstration of woodland skills such as coppicing and greenwood working as part of an educational strategy.

Subsequently, and in preparation for the public inquiry for the ‘call-in’ application, officers of the District Council along with representatives of Leicestershire County Council and Hinckley and Bosworth Borough Council, were parties in discussions with the applicants in relation to their

19 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B preparation of a Section 106 Unilaterial Obligation. The Unilaterial Obligation, which was endorsed by the Secretary of State in granting planning permission, would also apply to the application submitted to the Distirct Council. The Obligation provides for the following :-

• The formal creation of the country park and the approval of, and implementation of, a Management Plan. The applicants are required to provide a total sum of £980,000 for maintenance purposes over a minimum period of ten years and the District Council may nominate a representative to join the board of the company to be established for the management of the park. The scheme also provides the opportunity for Hinckley and Bosworth Borough Council/North West Leicestershire District Council to take ownership of the Country Park land in the future if they so wish.

• Infrastructure Works including highway works to facilitate the employment development including the main site access junction at Wood Road, a new roundabout, junction improvements including traffic signals at the junction of Victoria Road with the Ellistown Terrace Road/Station Road, junction improvements including traffic signals at Station Road with Wood Road and HGV Directional Signage.

• Provision of a new bus service along with the provision of associated new bus stop infrastructure and bus travel passes for employees of businesses operating on the former Nailstone Colliery site. The new bus service will operate at an hourly intervals; between 5.30 am - 9.30 pm Monday - Saturday and between 9.30 am - 5.30 pm on Sundays; serving Coalville - Ibstock - former Nailstone Colliery site - Ellistown - Bardon Industrial Estate - Coalville. The applicants are required to underwrite the cost of the bus service for a period of ten years.

2. Publicity 110 neighbours notified. Site Notice displayed Press Notice published 11 October 2006

3. Consultations Ibstock Parish Council consulted 29 September 2006 Hinckley & Bosworth Borough Council consulted 29 September 2006 Head of Environmental Protection consulted 29 September 2006 Development Plans consulted 29 September 2006 County Highway Authority consulted 29 September 2006 LCC/Footpaths consulted 29 September 2006 County Archaeologist consulted 29 September 2006 Ellistown And Battleflat Parish Council consulted 29 September 2006 County Planning Authority consulted 23 October 2006 Severn Trent Water Limited consulted 6 November 2006 National Forest Company consulted 6 November 2006 Coal Authority consulted 6 November 2006

4. Summary of Representations Received The following responses were received following consultation upon the original receipt of the application in late 2006 :-

Ibstock Parish Council indicates that it supports the application.

20 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Leicestershire County Council (Policy) considers that the proposal has merit by bring back into beneficial use an area of land which is in need of remediation and recognises the public benefit that will result from the country park element of the application. However, the County Council also recognises that these advantages must be balanced against other considerations and given that the application conflicts with current strategic and local plan policies and the potential impact that approving the proposal would have on the proper consideration of the County Council’s Waste Development Framework and Hinckley and Bosworth Borough Council’s own Local Development Framework, the Borough Council will need to be satisfied that this is the best or indeed the only way of achieving these acknowledged public benefits.

County Highway Authority raises no objection in principle with regard to vehicular access to the Country Park from Battram Village. The County Highway Authority also point out that the District Council would have to be a party to a Section 106 Agreement/Obligation to provide off-site highway improvements to facilitate the employment development on the former Nailstone Colliery site.

Severn Trent Water Ltd has no objections in principle.

Environment Agency raises no objections in principle.

Natural England considered additional survey works was required in relation to protected species and woodland on the site.

The National Forest Company considers that it would be preferable for the whole of this site to be reclaimed for forest-related uses, albeit acknowledging that the overall development proposal would provide a high landscaping to development ratio (118ha to 25ha). The country park element of the application would make an important contribution towards meeting the National Forest’s objectives in this area and would also link well with other Forest sites in the Battram/Bagworth area. However, concerns were raised about the potential habitat losses that could occur as a result of the development. As the site is located within the National Forest any buildings should be of high design that reflects its setting within the Forest, for example, incorporating more timber in the design and using sustainable materials and methods where possible.

National Forest Company (NFC) indicated that its comments are confined to the landscaping, ecological and building design aspects of the proposal. Insofar as they relate to the National Forest and the scheme that falls within the remit of the District Council these are summarised as follows :-

With the Country Park proposal, significant woodland planting, other habitat creation and recreational infrastructure would be provided through the creation of a park, linked with the proposed commercial development. This would exceed The National Forest development planting guidelines as set out in the National Forest Strategy, 2004-14.

In respect of future site management, the National Forest Company supports the intention to put in place a management strategy to guide the future use and operation of the park. However, further details are needed regarding this. In particular, who the long-term site owner/manager may be and what financial provision will be made towards future management (a ten year commuted sum for example).

County Council (Archaeology) considered that additional archaeological assessment was required.

21 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Council’s Environmental Services Manager has no observations.

Ramblers Association - no representations received.

Leicestershire Local Access Forum - no representations received.

Hinckley and Bosworth District Council - no representations received.

Coal Authority - no representations received.

The Campaign to Protect Rural England (CPRE) considers this site lies outside the settlement boundary and therefore to permit such a development would be contrary to both local and national policy. The Local Plan identifies the former colliery site for decontamination, and restoration as a country park, which would be the preferred option. The local community is opposed to the site being used for any type of waste disposal, recycling or incinerator plant and there are concerns about illegal gypsy encampments. However, concern is also raised that 25 hectares of employment land would generate greater traffic movements resulting in increased noise and light pollution. Whilst there are many environmental issues that would need to be resolved it is considered that the feasibility of building affordable residential dwellings on the site along with some small business units (Use Class B1) should be explored. The construction of storage and distribution depots (Use Class B8) should be resisted as this would be detrimental to the community, the environment and could possibly set a precedent for further industrial development in the surrounding countryside. There is adequate provision of Class B8 uses in the locality and the area already has major HGV movements along Wood Road. Further development would attract more pedestrians, cyclists, horse riders and highway safety would need to be improved. The Country Park element of the proposal has merits but would be significantly enhanced if additional fields were developed which link the site with Bagworth. This would provide opportunity to create a wildlife corridor and footpath/cycle trail linking Bagworth Heath Woodlands, the former Bagworth Colliery site, with the former Nailstone Colliery site to connect with Battram Woodland. If approved, any landscaping, planting of trees, wildflowers and reed beds must be completed in the first available season with agreement secured to completion dates.

A total of 48 letters of representations were received. 45 No. letters were in support of the development, and of these 24 also raised objections to the proposals within Leicestershire County Council’s draft Local Development Framework to use the former Nailstone Colliery site as an incineration/landfill site. Other reasons given for support include the following :-

• The development will clean the site up and address existing water contamination problems • Provide a country park with nature trails, educational facilities and quieter recreational pursuits • Facilitate new business and job opportunities • Enhance the provision of public transport • Provide a fitting memorial to all those that worked in the coal mine • Provide a wealth of opportunity to local residents and visitors • An environmentally friendly scheme • Would meet local need for recreational facilities • Would be in keeping with the character of the area • Would lead to the enhancement and protection of wildlife habitat and species • Provide excellent opportunities for linking communities

22 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

• The significant woodland planting will outweigh the loss of the centre of the site to employment uses

One letter of representation raises objections on the grounds that the plans to regenerate the commercial section of the site are very vague in relation to the hours of operation and the impact on the highway network and due to the fact that the entrances to the site could become a haven for the travelling community as has already occurred in the area at Battram South Turn. Another letter of objection was received on behalf of a tenant of land included within the overall proposed scheme on the basis of concerns about the generation of significant traffic movements in this rural area and the detrimental impact of the proposal on their existing farm business.

One letter of representation raises concerns in relation to the lack of certainty of the proposals in respect of the provision of facilities such as the fishing lake, cycle/pedestrian links, the ridge trial and bridle path redevelopment.

Subsequent to the submission of the additional survey reports in relation to archaeological and ecological matters, the County Archaeologist and Natural England raise no objections in principle to the scheme.

Leicestershire Local Access Forum consulted on 4 October 2006.

Leicestershire Local Access Forum

5. Relevant Planning Policy The following policies of North West Leicestershire Local Plan are relevant to the determination of the application :-

Policy S3 provides that development will not be permitted on land outside limits to development unless inter alia it is recreation, community facilities, or tourism-related purposes, in accordance with the leisure and tourism policies of the Local Plan or is for Forest-related purposes within the National Forest, in accordance with the National Forest policies of the Local Plan.

Policy E3 seeks to prevent development which would be significantly detrimental to the amenities enjoyed by the occupiers of nearby dwellings.

Policy F1 seeks appropriate provision for landscaping and tree planting in association with development in the National Forest

Policy F2 states that the Council will have regard to the existing landscape character of the site and the type of development when seeking new planting.

Policy F3 seeks to secure implementation of agreed landscaping and planting schemes for new development by the imposition of planning conditions and/or the negotiation of a planning agreement.

Policy T3 requires development to make adequate provision for vehicular access and circulation and servicing arrangements.

Policy T8 requires the provision of adequate off-street car parking.

6. Assessment The representations submitted by interested parties, and indeed a number of the statutory

23 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B undertakers, predominantly related to the employment element of the proposals on the former Nailstone Colliery site itself, which as outlined above is located within the Borough of Hinckley and Bosworth and was recently approved on appeal by the Secretary of State. These representations are not relevant to the scheme to be determined by the District Council. Rather, this report is concerned solely with the element of the scheme failing within the administrative boundaries of the District Council; namely the proposed use of agricultural lands south of Battram as part of a larger country park, along with the provision of associated landscaping, open space, vehicular access and parking. In this respect, the main considerations are the Development Plan policy issues, the impact of the scheme on the local environs and residential amenities and the highway safety implications.

Development Plan Policy Issues

Policy S3 of the North West Leicestershire Local Plan provides that development in principle may be acceptable where the scheme is for recreation, community facilities, or tourism-related purposes, in accordance with the leisure and tourism policies of the Local Plan or is for Forest- related purposes within the National Forest, in accordance with the National Forest policies of the Local Plan. Accordingly, it is considered that the proposed country park use and its associated facilities would be compliant with the criteria set out in Policy S3.

With regard to the level of woodland planting, other habitat creation and recreational infrastructure provided through the creation of a Country Park, it is noted that the National Forest Company comment that this would exceed The National Forest development planting guidelines as set out in the National Forest Strategy, 2004-14. As such the scheme would comply with Policies F1, F2 and F3 of the Local Plan.

Accordingly, in overall land use terms it is considered that the scheme would be compliant with existing Development Plan policies.

Impact on the Local Environs and Residential Amenities

The Country Park proposals include a variety of recreational uses linked by a network of footpaths and cycleways. Significant planting is also proposed within the country park to contribute towards the woodland creation, and this also contributes towards some screening of the proposed employment development on the Nailstone Colliery site. Government advice in PPG17 supports recreational uses and supports improved facilities for walkers, cyclists and horse riders and it is considered that the proposal would clearly enhance such facilities in the locality. Further, in terms of the visual amenities of the area it is considered that the country park scheme has the potential to significantly enhance the locality, although conditions of any approval would need to provide for detailed proposals to be agreed with the District Council and implemented on the site within an agreed timetable. The County Archaeologist and Natural England raise no objections in principle to the scheme on archaeological and ecological grounds respectively.

With regard to the use of the parkland, the areas in closest proximity to Battram are proposed to comprise meadowland, a sensory garden and sitting areas. The more active uses are proposed further away from the village and consequently it is considered this will ensure that people using the facilities within the country park are unlikely to generate levels of noise which will have a negative impact on the amenities of residents in Battram. It is also considered that given the distance between the proposed car park to serve the Country Park and the nearest existing residential properties, that the noise and activity associated with motor vehicles visiting the site would not be significantly detrimental to existing residential amenities.

24 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Highway Safety Implications

The County Highway Authority raises no objection in principle in relation to the proposed access/car parking facilies to serve the Country Park. In relation to the wider road network, as noted above the Section 106 Obligation provides for a number of highway improvements to serve the employment development on the former Nailstone Colliery site. The Obligation also necessitates the applicants to underwrite the cost of a new bus service on the route Coalville - Ibstock - former Nailstone Colliery site - Ellistown - Bardon Industrial Estate - Coalville along with the provision of bus stop infrastructure and bus passes. This new bus service, along with the provision of new footpaths, bridleways, cycle paths and cycle parking facilities will provide for an increased choice in the mode of travel to and from the locality other than by the private motor vehicle, as well as enchancing leisure opportunities in this National Forest location.

Other Matters

In addition to the off-site highway works, the Section 106 Obligation also provides for the future management of the country park, including a requirement for the applicants to provide a total sum of £980,000 for maintenance purposes for a minimum period of ten years. It is considered that this legal provision would both address the concerns raised by the National Forest Company and local residents in respect of the future long term management of the country park and fulfill the requirements of the National Forest related policies of the Local Plan. The Environment Agency and Severn Trent Water Ltd raise no objections in principle to the application.

A letter of representation submitted on behalf of a tenant of land included within the overall proposed scheme raised concerns about the detrimental impact of the proposal on their existing farm business. In granting the scheme within the administrative area with Hinckley and Bosworth Borough Council, however, the Secretary of State concluded that the proposal would not have an unacceptable impact on agricultural productivity as neither PPS7 nor the Development plan provides policy protection for grade 3 quality agricultural land. Further, the Secretary of State noted that the land subject to the objection had always been held on a short- term tenancy and that any agricultural compensation required should come from the appropriate statutory regimes.

Accordingly, having regard to the planning considerations set out in this report it is recommended that the scheme be supported subject to the Section 106 Obligation refered to above and subject to conditions.

RECOMMENDATION- PERMIT, subject to the Section 106 Unilateral Obligation dated 7th December 2007 and subject to the following conditons;

1 Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission and the development shall be begun not later than two years from the date of approval of the last of the reserved matters to be approved.

25 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Reason- To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

2 Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason- This permission is in outline only.

3 With respect to any condition that requires the prior written approval of the local planning authority, the works thereby approved shall be carried out in accordance with that approval unless subsequently otherwise approved in writing by the local planning authority.

Reason- For the avoidance of doubt; to ensure a satisfactory development.

4 The reserved matters application or applications shall include the following information for the prior written approval by the local planning authority before development commences : (a) the location of all existing trees, groups of trees and hedgerows on the site together with an indication of which it is intended to retain; (b) the provision to be made for screen walling or fencing within the development; (c) the phasing of the development, including the country park; (d) the provision to be made for on-site storage of refuse and/or recycling facilities; (e) the provision of energy saving measures and renewable energy generating measures within the development; (f) the provision of external lighting.

Reason- To ensure that the details of the development are satisfactory.

5 The development shall be carried out in accordance with Option Plan 1, numbered N14/56, dated August 2006, unless the local planning authority gives its written consent to any variation as part of the approval of reserved matters pursuant to this permission.

Reason- For the avoidance of doubt.

6 Development shall not begin until (i) drainage details incorporating sustainable drainage principles and an assessment of the hydro-geological context of the development works; (ii) details of the provision of surface water drainage from the parking and hardstanding areas of the development passing through petrol and oil interceptors and trapped gullies; (iii) details of how roof water shall be passed from the site or otherwise treated in accordance with a surface water run-off limitation scheme and (iv) details of how foul waters from the site shall be treated and/or disposed of in accordance with a scheme of drainage to be submitted to and approved in writing by the local planning authority. No surface water discharge from the development shall drain from the site onto the highway.

Reason- To prevent pollution of the water environment.

7 No building shall be erected or trees planted within 4 metres each side of the public rising main sewer which crosses the site. No buildings, structures (including gates, walls

26 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

and fences) or raised ground levels shall be erected or take place within 8 metres of the top of the bank of any watercourse and/or within 4 metres of any culverted watercourse inside or adjacent to the site unless previously agreed in writing by the local planning authority.

Reason- to secure access for the maintanence, repair, renewal and protection of the strucutral integrity of the public sewerage system; to maintain access to the watercourse for maintanence or improvements and provide for overland floodflows.

8 Development shall not begin until a scheme to deal with contamination of the site has been submitted to and approved in writing by the local planning authority; the scheme shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the public/buildings/environment when the site is developed. The buildings on the site shall not be occupied and the country park shall not open to the public until the measures approved in the scheme have been implemented in full unless the local planning authority gives its written consent to any variation.

Reason - To ensure the safe development of the site, having regard to its previous use, and to protect the quality of the water environment.

9 No development shall take place, including any works of demolition, remediation earthworks, re-contouring, capping and building construction, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

(a) the parking of vehicles of site operatives and visitors; (b) loading and unloading of plant and materials; (c) storage of plant and materials used in constructing the development (d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (e) wheel washing facilities; (f) measures to control the emission of noise, vibration, dust and dirt during construction; (g) a scheme for recycling/disposing of waste resulting from demolition and construction works.

Reason- In the interests of highway safety; in the interests of the amenities of the area.

10 Construction work shall not begin until a scheme for protecting the occupiers of noise- sensitive development located around the site from noise generated by the development hereby permitted, including noise from vehicles in operation on the site has been submitted to and approved in writing by the local planning authority; all works which form part of the scheme shall be completed before any part of the development is first occupied.

Reason- In the interests of residential amenities.

11 Before development commences a scheme shall be submitted to, for approval in writing by, the local planning authority for the mitigation or compensation for any habitat loss or displacement of any protected species as a result of the development permitted. The scheme shall also include a full management plan, including measures to conserve and maximise the ecological potential of the site, future monitoring and provision for

27 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

corrective action. The approved scheme shall be implemented as agreed unless the local planning authority gives its written consent to any variation.

Reason- To protect the ecological interests of the site.

12 No development shall take place until full details of both hard and soft landscape works, required by condition 2 above have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include the proposed finished levels or contours; means of enclosure; hard surfacing materials; minor artefacts and structures (including furniture, play equipment, refuse or other storage units, signs and lighting); retained historic landscape features and proposals for restoration, where relevant. Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate and an implementation programme. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the local planning authority.

Reason- To ensure satisfactory hard and soft landscaping and National Forest planting are provided within a reasonable period.

13 No development shall take place until a schedule of landscape maintenance, including provision for replacement of any failures, for a minimum period of 10 years has been has been submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

Reason- To provide for the adequate maintenance of landscaping and National Forest planting.

14 No development shall commence until a scheme of footways, cycleways and bridleways, together with their access to the site and to Nailstone, Bagworth and Battram villages, and any ancillary works related thereto has been submitted to and approved in writing by the local planning authority, in consultation with the competent Highway Authority, and no buildings within the development shall be occupied until the works proposed in the scheme have been carried out and completed, unless the local planning authority gives its written consent to any variation.

Reason- To ensure the provisions of linkages between the application site and nearby settlements.

15 No development shall take place until a Framework Travel Plan, including details of the mechanism to be used for its delivery, monitoring and enforcement has been submitted to and approved in writing by the local planning authority, in consultation with the competent Highway Authorities. The development shall be implemented and thereafter operated in accordance with the measures and timetable stated in the approved Framework Travel Plan unless the local planning authority gives its written consent to any variation.

Reason- To ensure that adequate steps are taken to provide a transport choice/a choice in mode of travel to and from the site.

28 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

16 Before development commences details of the routeing of construction traffic shall be submitted to for approval in writing by, the local planning authority, in consultation with the competent Highway Authority. During the period of construction all traffic to and from the site shall use the agreed route at all times unless the local planning authority, in consultation with the Highway Authority, gives its written consent to any variation.

Reason- In the interests of highway safety; in the interests of the amenities of the area.

17 Unless otherwise agreed in writing by the Local Planning Authority the access drive to the car parking area serving the country park shall be constructed as shown on Drawing No. 15209/003/008 prior to being brought into use and thereafter be so maintained.

Reason- To ensure that vehicles entering and leaving the site may pass each other clear of the highway and not cause problems or dangers within the highway.

18 The access drive to the car parking area serving the country park shall be surfaced in tarmacadam, concrete or a similar hard bound material (not loose aggregate) for a minimum distance of 10 metres from its junction with Battram Road prior to the access drive being brought into use and thereafter be so maintained.

Reason- To reduce the possibility of deleterious material being deposited in the highway (loose stones etc).

19 Visibility splays of 2.4 metres by 60 metres shall be provided at the junction of the access drive to the car parking area serving the country park with Battram Road in both directions prior to the access road being brought into use and thereafter be so maintained. The visibility splays shall be kept clear of all obstructions exceeding 750 millimetres in height above the level of the adjoining carriageway.

Reason- To ensure adequate visibility at the access in the interests of road safety.

20 Notwithstanding the details shown the submitted plans, no development shall commence on the site until details of car parking serving the country park (including signing to the facility) and turning facilities have been submitted to the Local Planning Authority for approval in writing. The approved scheme shall be provided prior to the development being brought into use and shall thereafter be available for the parking of vehicles at all times the country park is open to the public.

Reason- To ensure that adequate off street parking provision is made to reduce the possibilities of the proposed development leading to on street parking problems in the area and to allow all vehicles to enter and leave the site in a forward direction.

21 Any vehicular access gates, barriers bollards etc. to the access drive to the car parking area serving the country park shall be set back a minimum distance of 5 metres behind the highway boundary (back of footway) and erected so as to open inwards. The said gates etc shall be fully open at all times the country park is open to the public.

Reason- To enable a vehicle a vehicle to stand clear of the public highway whilst the gates are opened/closed and to protect the free and safe passage of traffic, including pedestrians in the public highway.

29 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

22 There shall be no direct vehicular nor pedestrian link between the country park and the B585 (save the existing public footpath) at any time unless otherwise agreed by the local planning authority under another condition of this permission.

Reason- In the interests of road safety.

23 No development shall commence on the site until details of cycle parking facilities to serve visitors to the country park have been submitted to the Local Planning Authority for approval in writing. The approved cycle parking facilities shall be provided in accordance with the approved details prior to the country park being first brought into use and shall thereafter be available for the parking of vehicles at all times the country park is open to the public.

Reason- To ensure that adequate steps are taken to provide a transport choice/a choice in mode of travel to and from the site.

24 No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work, commencing with an initial exploratory investigation. The development shall be undertaken in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority.

Reason- To ensure that adequate arrangements are made for the recording of archaeological remains in the application area.

25 Before development commences a scheme shall be submitted to, for approval in writing by, the local planning authority detailing arrangements for the establishment, composition, constitution and powers of a liaison committee to include representatives of the applicants/developer; representatives of other elected bodies and other nominated persons. The committee shall operate during the construction phase of the development and thereafter for a minimum period, in accordance with the approved scheme, of 3 years after completion of development unless otherwise agreed in writing by the local planning authority.

Reason- To ensure that the development proceeds in a satisfactory manner.

Notes to applicant

1 This decision has been made in accordance with Policy(s) S3, E3, F1, F2, F3, T3 and T8 of the North West Leicestershire Local Plan, Supplementary Planning Guidance and all other material considerations. The Council has taken into account all representations but considers the degree of harm that would arise would be insufficient to warrant refusal. 2 This permission is subject to the Section 106 Unilateral Obligation dated 7th December 2007.

30 Planning Committee 2 April 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

31 Planning Committee 2 April 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 2 April 2008

SECTION C- HOUSEHOLDER APPLICATIONS

32 Planning Committee 2 April 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 2 April 2008

Erection of extension to existing attached garage (revised Report Item No scheme) C1

5 The Gables Upper Packington Road Ashby -De -La -Zouch Application Reference Leicestershire 07/01604/FUL

Applicant: Date Registered Mr And Mrs E J Cureton 23 October 2007

Recommendation: Target Decision Date REF 18 December 2007

Site Location

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

1. Proposals and Background This application relates to the erection of a garage extension at No. 5 The Gables, Ashby De La Zouch, a west facing modern two-storey detached dwelling. The Gables is a private drive located off Upper Packington Road which serves 5 residential dwellings, with the application site being the first property on the northern side of the drive with boundaries adjoining residential properties to the north and east, and the public highway to the west. The northern and eastern boundaries of the site are well screened by tall mature trees and there are a number trees located within the vicinity of the proposed development. All the trees within the site are protected by a Tree Preservation Order (T/146).

33 Planning Committee 2 April 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 2 April 2008

The property currently features an attached structure projecting forward (west) of the main dwellinghouse which provides 3 no. garage bays. The proposed extension would be located to the western end of the existing garages and is required to accommodate a caravan. Given the use, the proposed garage would be larger than a standard garage measuring approximately 3.8m wide x 7.2m deep x 5m in height. The structure would project approximately 1.75m forward and 0.4m higher than the existing garages.

Planning permission was refused in 2006 (Application ref: 06/00304/FUL) for the erection of a single storey extension and erection of attached garage on the grounds that the proposed garage extension would result in the loss of a mature Lime Tree which is located in close proximity to the proposed works. It was considered that the lime tree maintains a healthy appearance and is of amenity value, and therefore the removal of the tree would be detrimental to the amenities of the area.

The scheme proposed under this application is a revision of the garage extension refused under application ref: 06/00304/FUL. In order to provide the extension without impacting upon the protected Lime Tree, Symbiosis Consulting, in association with Roger Bullivant Ltd, have designed the extension utilising a mini-pile and in-situ cast reinforced concrete beam foundation, and recommend a number measures relating to the construction process.

Other Planning History

92/0243 - Erection of a two-storey dwelling - Permitted. 93/0243 - The felling of two trees and the lopping of four trees protected by a TPO - Permitted. 96/0688 - Erection of first floor extension to garage to form self contained flat - Permitted. 04/00365/TPO - Works to five trees (Trees protected by Tree Preservation Order T/146) - Permitted. 04/00539/TPO - Removal of one Scots Pine (Tree Protected by Tree Preservation Order T/146) - Refused.

2. Publicity 8 Neighbours have been notified.

3. Consultations Ashby De La Zouch Town Council consulted 29 October 200 LCC Request For Tree Or Forestry Advice consulted 29 October 2007

4. Summary of Representations Received There have been no written representations received from neighbouring residents in relation to the proposed scheme.

Ashby De La Zouch Town Council has no objections to the proposed scheme.

The County Council Arboriculture Officer raises concerns regarding the construction of the proposed garage extension with regard to its potential impact upon the mature Lime. The following concerns are raised:

- The proposed garage encroaches well into the projected Root Projection Area (RPA). - Entering the RPA significantly increases the risk of root damage. - Even though there appears to be some additional precautionary measures in the scheme, the

34 Planning Committee 2 April 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 2 April 2008 simple fact that there would still be excavations, materials, workmen, machinery etc within the RPA constitutes a breech of industry guidelines.

It is considered that if the scheme is not supervised by all relevant parties, there is a very real possibility that the roots of the trees will be some what compromised. The protection measures would be limited and difficult to enforce and the scheme is not in compliance with industry standards BS 5837 'Trees in Relation to Construction' 2005.

5. Relevant Planning Policy The site lies within limits to development as defined in the North West Leicestershire Local Plan and the following policies of the Plan are considered relevant in the determination of this application:

Policy E3 states that development will not be permitted which, by reason of its scale, height, mass, design, oppressiveness, proximity, noise, vibration, smell, fumes, smoke, soot, ash, dust, grit or excessive traffic generation would be significantly detrimental to the amenities enjoyed by the occupiers of nearby dwellings.

Policy E4 states that in determining planning applications, regard has to be had to the wider setting of new buildings. New development should respect the character of its surroundings in terms of scale, design, density, height, massing materials of construction, the spaces between and around buildings and the street scene generally.

Policy E7 states that all development, including that of allocated sites, should make appropriate provision for hard and soft landscaping. Where relevant, the proposed site layout should incorporate such of the site's existing features (for example, trees or hedgerows) as it is necessary or desirable to retain.

6. Assessment Visual Amenity

In terms of the visual impact of the development, the design features and scale of the proposed extension are considered to be sympathetic to the design and scale of the existing property. Furthermore, the site is well screened by the existing trees which line its boundaries, and therefore the development would not be visually prominent when viewed from the public domain. As such there are no significant concerns regarding the impact of the development upon the character and appearance of the property or of the locality in general in compliance with Policy E3 of the North West Leicestershire Local Plan.

Residential Amenities

With regard to the impact on residential amenity, due to the screening provided by the existing trees within the site, it is considered that there would be no impact to the amenity levels, in terms of loss of privacy, loss of light, or overbearing impact, currently enjoyed by the occupants of the neighbouring properties in compliance with Policy E4 of the North West Leicestershire Local Plan.

Impact upon the Protected Trees

The impact of the proposed development upon the protected trees is a material planning consideration. The principal effect of a TPO is to prohibit the cutting down, uprooting, topping, lopping, wilful damage, or wilful destruction of trees without the LPA's consent. The cutting of

35 Planning Committee 2 April 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 2 April 2008 roots is potentially damaging and so, in the Secretary of State's view, requires the LPA's consent.

The protected Lime tree, which sits in close proximity to the proposed development, is considered to have a healthy appearance and is of significant amenity value, and therefore the loss of the tree would be detrimental to the amenities of the area contrary to Policy E7 of the North West Leicestershire Local Plan. It is clear from the information submitted as part of the application that considerable measures have been taken to provide the proposed extension without impacting upon the protected Lime. The applicant has commissioned a firm of tree specialists who has concluded that the proposed extension could be erected without compromising the health of the protected Lime. However, the County Council's Arboricultural Officer, who provides specialist advice to officers on such matters, has concluded that the scheme is not in compliance with industry standards (BS 5837 'Trees in Relation to Construction' 2005) by reason of the encroachment of the development within the Root Protection Area of the tree, and therefore there is a real possibility that the roots of the tree would be some what compromised. It is advised that root damage would be likely to result in the slow decline of the tree's health, which would probably never recover. Furthermore, it is considered that the provision of a domestic building in such close proximity to the tree would be likely to result in issues as a consequence of fallen trees and branches, which is likely to be more severe should the health of the tree decline, and subsequently there is likely to be growing pressure to fell the tree in the future. Given the concerns raised by the District Council's specialist arboriculturalist adviser, it is considered that the proposal cannot be recommend approval of planning permission for the reason stated below.

RECOMMENDATION, REFUSE for the following reason:

1 Whilst measures have been proposed to provide the proposed extension without impacting upon the protected Lime tree, which is located in close proximity to the development, by reason of the encroachment of the works within the Root Protection Area of the tree, the scheme is not in compliance with industry standards (BS 5837 'Trees in Relation to Construction' 2005), and therefore there is a possibility that the roots of the tree would be adversely affected to the detriment of the health of the tree. The protected Lime tree currently has a healthy appearance and is of significant amenity value, and therefore the potential loss of the tree would be detrimental to the amenities of the area contrary to Policy E7 of the North West Leicestershire Local Plan.

36 Planning Committee 2 April 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 2 April 2008

SECTION D- OTHER MATTERS

There are no items in this section

37 Planning Committee 2 April 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 2 April 2008

Section A - Previously Considered Items Item Reference Details Amend Print Sign Sent Section B - Planning Applications Item Reference Details Amend Print Sign Sent B1 08/00054/FUL

B2 06/01503/OUT

Section C - Householder Applications Item Reference Details Amend Print Sign Sent C1 07/01604/FUL

Section D - Other Matters Item Reference Details Amend Print Sign Sent

38 Planning Committee 2 April 2008 Development Control Report