Public Document Pack

Meeting Development Control and Regulatory Board

Time/Date Thursday, 12 September 2002 at 2:00 pm

Location GuthlaxtonCommittee Room, County Hall, Glenfield

Officer to contact Mr. D.J. Ward (Tel: 0116 265 6028)

Membership

Mr. R. Fraser CC (Chairman) Mr. D. C. Bill CC Mr. D. R. Bown CC Mrs. C. E. Brock CC Mr. P. Callis CC Mr. B. Garner CC Mr. R. Jenkins CC Mr. D. Jennings CC Mr. C. H. G. MacLeod CC Mr. E. Palmer CC Mr. G. H. Perkins JP, CC Mr. J. W. Royce CC Mr. D. A. Sprason CC

AGENDA

Chief Executive’s Department Leicestershire County Council, County Hall, Glenfield, Leicestershire LE3 8RA Telephone 0116 232 3232 Fax: 0116 265 6266 Minicom: 0116 265 6160 2

Item Marked

1. Minutes of the meeting held on 15 August 2002. A

2. Question Time.

3. Questions asked under Standing Order 7(3) and (5).

4. To advise of any other items which the Chairman has decided to take as urgent elsewhere on the agenda.

5. To receive declarations by members of interests in respect of items on this agenda.

6. Presentation of Petitions

Mr. B. Chapman, AE, CC will present a petition containing 200 signatures of residents of and visitors to, Kirby Bellars concerning the proposed addition of a byway open to all traffic from Kirby Bellars to Sysonby.

REPORTS OF THE DIRECTOR OF COMMUNITY SERVICES ON PLANNING MATTERS

7. County Matter Planning Applications B

(a) 2002/1058/3 - Severn Trent Water Ltd. - Retrospective planning application for installation of GRP Blower Unit - Broughton Astley Sewage Treatment Works, off Leicester Road, Broughton Astley.

(b) 2002/1116/3 - Mr. I.P. Crane - Importation of inert hardcore and soils and infilling in disused lagoons - Arkwright Hill Farm, Lutterworth Road, Cosby.

(d) 2002/0245/6 - Severn Trent Water Ltd. - Construction of new sewage treatment works - Ragdale.

(e) 1960/2253/7, 2062/67, 76/0043/7, 76/0047/4 & 80/1728/4 - Hanson Brick Ltd. - Request for an extension of time for the submission of an application for determination of review on mineral permissions - Heather Brickworks, Mill Lane, Heather.

(f) 1987/1099/7 - Bardon Quarries Ltd. - Application under Condition 14 to construct a laboratory for the testing and analysis of products and materials produced at Bardon Hill and Croft Quarries.

(g) 1997/0036/7 - Lafarge Aggregates - Request for extended operating hours for concrete batching plant - Lockington Quarry.

8. District Council Consultation C

(a) 2001/0418/08 University of Leicester

Manor Road Sports Ground, Manor Road, Oadby – Erection of management training facilities, improvements to Sports Centre and erection of additional residential facilities.

9. County Council Applications D

(a) 2002/0758/01

Land adjacent to ESPO Building, County Hall, Glenfield – 2.5m high galvanised palisade fence.

(b) 2002/0769/01

Huncote Primary School, Denman Lane, Huncote – extension to form disabled toilet.

Quorn Hall, Meynell Road, Quorn – Listed Building – Removal of window and construction of new fire exit door so as to comply with the fire officer’s report.

(d) 2002/1115/03

Kibworth C of E Primary School, Hillcrest Avenue, Kibworth – Brick built single storey extension with flat roof.

(e) 2002/1202/03

Land rear of Billesdon Depot, Gaulby Road, Billesdon – creation of pond and wetland with associated planting and footpath for environmental amenity area.

(f) 2002/0892/04

Townlands C of E Primary School, Meadow Court Road, Earl Shilton – 2 No. 6 metres external lighting columns to illuminate the school’s car parking area.

(g) 2002/0903/04

St Mary’s Church of England Primary School, Station Road, Hinckley – Covered walkway and wet room conservatory.

10. Any other items which the Chairman decides are urgent.

Page 1 Agenda Item 8a C

Item 8(a)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UPON WHICH THE COUNTY PLANNING AUTHORITY IS CONSULTED BY THE DISTRICT COUNCILS

LEICESTER UNIVERSITY - OUTLINE APPLICATION FOR THE ERECTION OF MANAGEMENT TRAINING FACILITIES, IMPROVEMENTS TO SPORTS CENTRE AND ERECTION OF ADDITIONAL RESIDENTIAL ACCOMMODATION, LAND AT MANOR ROAD, OADBY (OADBY AND WIGSTON BOROUGH)

2001/0418/8 - Received by L.C.C. on 18th September 2001

Background

1. The County Planning Authority has been consulted on the application by the Oadby and Wigston Borough Council for strategic planning comments. The County Planning Authority was consulted on a previous application of a similar nature under reference 2000/0424/8 but this was withdrawn and the report which was included in the agenda for the meeting of the Regulatory Board for December 2000 was deferred from consideration. That application related to development on two parcels of land, one located between Manor Road and Southmeads Road and the second to the south of Southmeads Road extending to the rear of residential properties fronting Southmeads Close, Oadby and up to the line of the eastern distributor road to the east.

Description of Proposal

2. The application relates to development on a parcel of land located between Manor Road and Southmeads Road, Oadby. The application is in outline form and is accompanied by an illustrative plan showing the location of the proposed facilities.

3. It is proposed to construct a conference centre with a 450 seat hall and 16 ancillary rooms, a new academic building and the conversion of two existing halls of residence (former houses) to academic use, an extension to the existing sports hall including a swimming pool, new halls of residence on 3 levels and car parking to serve the whole development. The development would be served by two new points of vehicular access. The new buildings and extension would create a floor area of 14,500 m2. An increase of 13,250m2 from the existing 1,250m2 floorspace. The number of staff employed would increase from 12 to 370. It is envisaged that 250 cars, 35 light vans and 5 lorries would visit the site Page 2 2 2001/0418/8 – continued

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during a normal working day. The residential buildings would be occupied on a 24 hour basis and the sports centre would be open 08.00 – 22.00hours seven days a week. The conference centre would operate Monday to Friday from 08.00 – 20.00 hours with some out of hours use.

4. The land is currently used for the Leicester University sports facilities and halls of residence, (former houses). At the west end of the site is a running track. The existing Sports Hall stands approximately in the middle of the site and to the east of this are tennis courts, an all weather pitch and a rugby pitch. It is not proposed to replace the existing running track since the applicant claims that it is underused and that other, better facilities are available. It should be noted that generally the academic teaching facilities associated with the University are based in central Leicester.

5. Generally the site is level except at its southern edge where it slopes towards Southmeads Close. There are a number of small groups of mature trees on the site and further specimen trees around the boundary. Southmeads Road is flanked by an avenue of mature trees. The whole application site adjoins the Oadby “Hill Top” Conservation Area. The eastern boundary of the conservation area runs north-south along the western boundary of the application site.

6. Documents submitted in support of the application include a project summary, a statement of design principles and sustainability, an environmental impact statement and a transport assessment.

7. The project summary sets out the rationale behind the proposals. The applicant suggests that the facilities proposed are a key component of the University of Leicester’s future delivery of educational services. They are fundamental to maintaining and developing the quality and level of these services. Alternative sites close to the main campus have been sought without success. The existing facilities would be less sustainable if moved into the City of Leicester. Amendments to the proposals following public consultation are also set out.

8. The statement of design principles has been submitted since the application is in outline form and sets out the principles that will be employed in designing the buildings and the layout of the site. It is suggested that the scale of the new buildings will be in keeping with those which exist since they will be effectively screened from Manor Road. The management centre will be set back within the site to preserve its open character and appearance. The new residential accommodation would be linked to the management centre and would be three storeys with a set back fourth storey and some of the development will be of two storey with a set back third storey. The lower parts of the building would be closer to Manor Road. Car parking will not dominate the scheme and there would be integrated pedestrian pathways. The statement recognises the mix of suburban styles of development in the area. One characteristic of the area which the applicant has identified is of buildings set back from the road and glimpsed through hedges and trees. It is proposed that any scheme should reflect this character.

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9. The statement considers sustainability with reference to a number of areas in respect of the community its quality of life and opportunities for involvement. Creating and retaining a sustainable environment with particular reference to water, open space, transport, microclimate, waste. The construction of sustainable buildings through the materials and methods used, flexibility to ensure long term use and the opportunity to make the building as efficient as possible in terms of use of energy etc.

10. The environmental statement addresses a number of areas in respect of the existing situation, the impact of the development and any appropriate mitigation measures relating landscape and topography; visual impact; flora and fauna; traffic and transport; hydrology and drainage; noise and air quality; heritage and archaeology and recreation. Brief consideration is given to the socio-economic impact in particular the impact on employment within the Borough and the broader benefits to the University, the City and those undergoing the training.

11. In respect of recreation it is claimed that the loss of the running track will not have a significant effect due to the low level of usage -–other better quality facilities are available. The provision of more modern indoor facilities would more than offset this. Overall the environmental statement demonstrates that there are no overriding environmental factors or planning policy constraints to preclude the development. The proposals have been carefully considered in relation to their context and upon completion offer a model for sustainable development, incorporating longer term environmental benefits.

Planning Policy

National Policy Guidance

12. Planning Policy Guidance Note 1 (PPG1) deals with General Policy and Principles. It includes advice on the primacy of the development plan in the determination of planning proposals, in the context of Section 54A of the 1990 Act. PPG1 also promotes a more sustainable pattern of development uses in locations which make the best use of land and previously developed sites, where access is available by a choice of means of transport, other facilities are close by and which if possible create vitality and viability in town centres.

13. Planning Policy Guidance Note 6: Town Centres and Retail Developments (PPG 6) Three themes underpin the Government’s approach to the planning system; sustainability, mixed use development and design.

14. The guidance recognises that whilst shopping underpins the uses within a centre, other uses ensure the vitality and viability of the centre and uses such as education have a contribution to make in bringing interest to town centres. More peripheral sites only being considered if sites close to the centre are unavailable.

15. Planning Policy Guidance Note 13: Transport (PPG 13) sets out the Government’s intentions to secure an integrated land use-transportation policy that reduces the growth in use of the private car, encourages alternative means

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of transport and reflects the desire to promote more sustainable forms of development.

16. The guidance recognises that education establishments are major generators of travel. They should be located to maximise their accessibility. Where expansion or redevelopment of an existing site is proposed accessibility should also be improved and for means of transport other than the private car.

Planning Policy Guidance Note 17: Sport and Recreation (PPG 17) (July 2002)

17. Reflects the guidance in PPG1, PPG6 and PPG13 regarding the location of development. Furthermore it is acknowledged that mixed use sports, recreation and leisure facilities may attract a large number of visits and function for many hours of the day and should only be granted in highly accessible locations in or adjacent to town centres or in district or neighbourhood centres. Planning permission should not be granted for a location outside a town centre if the resulting development would undermine the centre.

18. Additionally existing open space, sports and recreational buildings and land should not be built on unless an assessment has been undertaken which has clearly shown the open space or the building and land is surplus to requirements. Alternatively any new facility which it is proposed to exchange should ….. be at least equivalent in terms of size, usefulness, attractiveness and quality. Where recreational land and facilities are of poor quality or under used, this should not be taken as necessarily indicating an absence of need in the area.

Regional Guidance

19. The Regional Planning Guidance for the East Midlands to 2021 (RPG8) was issued in January 2002 and sets out the basic principles for development in the region. It reflects the sustainability aims of the Planning Policy Guidance notes referred to above. It makes no reference to the provision of conference centres.

Strategic Policy Considerations

20 The adopted Leicestershire Structure Plan in Strategy Policy 1: Overall Strategy states that in providing for the development needs of the County, measures will be taken so that inter alia:

(b) most new development is located where a realistic choice of transport is or will be made available and which will be maintained or improved;

(f) the re-use of derelict land and use of vacant and underused land and buildings within and adjoining to built up areas is maximised.

21 Strategy Policy 2: The Location of Development The urban areas centred on Leicester and its adjoining settlements and the main towns of Ashby, Coalville, Hinckley, Loughborough, Lutterworth, Market Harborough, Melton Mowbray, Oakham, Shepshed and Uppingham will continue to be the main centres for housing, employment, services and leisure.

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22 Land for major new housing development (usually more than 100 dwellings), major new employment development (usually more than 5 hectares) and other major new development will be allocated within and adjoining these urban areas and in locations which offer a realistic choice of transport along corridors between urban areas.

23 Employment Policy 10 – Provision of a County or Sub-Regional Exhibition and Conference Centre - The development of a single large scale exhibition and conference facility in a location offering a realistic choice of transport and well related to the national road network will be supported.

24 Leisure Policy 3 – Protection of Recreation Land and Buildings suggests that existing land or buildings in recreational use and serving a particular community should be protected unless suitable alternative provision is made or the openspace is not essential to preserve the quality of the urban environment.

25 Environment Policy 1 – The Built Environment suggests that new development must be of a high quality and open land which is important to the character of the built environment is protected.

26 The proposed Modifications to the deposit draft Structure Plan (1999-2016) were published in June 2002.

Strategy Policy 3A: A Sequential Approach Towards the Location of Development suggests that land for development will be allocated in development plans in the following priority order:

(a) previously developed land and buildings within or adjoining the central area of Leicester and the town centres of the Main Towns (Ashby, Coalville, Hinckley/Early Shilton, Loughborough, Lutterworth, Market Harborough, Melton Mowbray, Shepshed, Oakham and Uppingham); (b) previously developed land and buildings elsewhere within the Leicester and Leicestershire Urban Area and the Main Towns; (c) other land within the Leicester and Leicestershire Urban Area and the Main Towns; (d) land adjoining the Leicester and Leicestershire Urban Area and the Main Towns, particularly where this involves the use of previously developed land; (e) land within or adjoining Rural Centres, or other settlements which are or will be well served by public transport, particularly where this involves the use of previously developed land, and (f) in other locations, subject where relevant to the considerations in Strategy Policies 6, 7 or 9.

27 Strategy Policy 3B; Sustainability of Land for Development

In considering the suitability of land within the context of Strategy Policy 3A, the following criteria will also be taken into account:

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(i) the actual or potential accessibility of sites by non-car modes, including pedestrian, cycling and public transport links to central areas and district or local centres; (ii) the actual and potential capacity of existing public transport, utilities and social infrastructure to support further development; (iii) physical constraints on development, including ground contamination and stability and flood risk; (iv) the impact of development on natural resources and environmental and cultural assets; (v) the cost of development, the economic viability of sites and the availability of public and private resources to bring forward land and buildings for development; (vi) the need to secure a balance of land uses within the area, including by mixed use development; and (vii) the contribution that development could make towards the strengthening of a local community, supporting local services and meeting local needs, particularly within Rural Centres designated in local plans.

28 Strategy Policy 5: Transport Objectives and Priorities

Integrated and sustainable travel and transport provision will be made in order to:

(a) improve road safety and the environment and contribute to improving the quality of life; (b) minimise the need to travel; (c) maximise people’s accessibility to facilities, services, opportunities and resources; and (d) support the local economy.

Provision for and the promotion of walking, cycling and public transport will generally be given greater priority than provision for private transport. Travel demand management measures will be introduced wherever appropriate in order to help meet the objectives of this policy.

29 Strategy Policy 11: Good Design

Good design will be promoted by ensuring that development provides for the efficient use of land in a manner which satisfactorily acknowledges environmental and amenity interests and:

(a) protects and enhances the form and local character and distinctiveness of the built and natural environment; (b) ensures that areas of open spaces and green linkages are reserved and provided in new development; (c) incorporates comprehensive landscaping within and around the development on a scale appropriate to the scale and impact of the development; (d) maximises conservation of natural resources through the siting, orientation, scale and layout of buildings and spaces;

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(e) incorporates innovative design where appropriate, especially in respect of energy efficiency and particularly in urban areas; (f) takes account of the access needs of all people, including people with disabilities; (g) minimises traffic nuisance and develops a high quality walking and cycling network; (h) enhances the feeling of personal safety and minimises the potential for crime; (i) incorporates ecological sites; and (j) incorporates sustainable drainage systems wherever possible.

30 Employment Policy 10: Provision of a Sub-Regional Exhibition and Conference Centre suggested that the development of a single large scale exhibition and conference facility on a location offering a realistic choice of transport will be supported however it is proposed to modify the plan by its deletion.

31 Accessibility and Transport Policy 1: Development and the Transport System

Developers will be expected to maximise the potential for access to and from new development by walking, cycling and public transport, and to take other appropriate measures to minimise the traffic generated by that development, including the formulation and implementation of travel plans. If, despite the above measures, the remaining traffic generated by the development, together with that from existing and committed development would:

(a) impair road safety; (b) have an unacceptable effect on the environment; or (c) exceed the capacity available in the local highway system

further adequate and environmentally acceptable road improvements should be undertaken, at the developer’s expense, to mitigate the impact of the development.

32 Accessibility and Transport Policy 7: Parking Provision in New Development

Maximum standards for car parking relating to developments above defined threshold sizes will be specified that accord with the circumstances and declared objectives of local plan areas.

Parking provision above the maximum will only be permitted where the applicant can demonstrate by a Transport Assessment or other appropriate evidence that a higher level of parking is needed.

Sufficient secure cycle and motorcycle parking will be required to accommodate the anticipated demand, including modal split targets, where appropriate.

33 Leisure Policy 3: Protection of Recreation Land and Buildings. It will not be acceptable for land or buildings in recreation use and serving a particular community to be redeveloped for non-recreational uses unless:

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2001/0418/8 – continued

(a) suitable alternative provision results in at least the equivalent community benefit and is made close enough to serve the same community;

(b) the site no longer provides open space or other facilities which are essential for private or public use; or

Other Policy Considerations

34 The County Council’s Tourism Strategy for Leicestershire 1996-2000 states that “The small to medium-sized conference market in Leicestershire is healthy and a range of quality venues, mainly in hotels, are available throughout the county. However, Leicestershire lacks a large multi-purpose venue and currently uses facilities such as Donington Exhibition Centre, DeMontfort Hall and Granby Hall to accommodate larger events. The Leicestershire Economic Development Partnership recently funded a study into the feasibility of providing a purpose built conference, exhibition and entertainment venue in Leicestershire. It identified fairly encouraging business potential for a purpose built venue. Leicestershire has three universities, two of which are proactive in the conference and group markets.”

Local Plan Considerations

35 The adopted Oadby and Wigston Local Plan contains proposals relating to Recreation – Proposals 1 and 3; Housing – Proposal 16; Landscape – Proposals 1 and 3.

Highway Considerations

36 The Transport Assessment, as submitted in support of the application, has been considered and there are a number of issues that have not been satisfactorily resolved at this stage.

To accommodate the generated traffic, the applicant has proposed improvements to the junctions of Manor Road/Stoughton Drive South/Knighton Grange Road, Manor Road/Stoughton Road/Manor Road Extension and A6(T) Leicester Road/Stoughton Drive South. However, as currently proposed, these improvements are both inadequate and unacceptable.

In addition, the applicant has yet to demonstrate that assumed reductions in privately generated traffic will be achieved in practice by alternative means of transport. The proposed parking provision, whilst slightly in excess of maximum standards, also relies on alternative means of transport to an extent which may not be achieved in practice, leading to an unacceptable degree of on street parking.

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Of the total proposed parking provision of 278 spaces, 120 of these are shown as being located on Southmeads Road, which has the status of a private street. The use of this length of Southmeads Road for car parking is considered unacceptable without the extinguishment of highway rights.

It has been recommended that unless the matters as referred to are satisfactorily resolved, the application be refused on highway grounds.

The Highways Agency, currently responsible for the A6, has been informed.

Further highways comments may be made by Oadby and Wigston Borough Council as Agent to the County Highway Authority.

Assessment of Proposal

37 The proposed development needs to be considered in the context of national planning guidance set out in the Planning Policy Guidance Notes and the policies of the Regional Planning Guidance, the adopted Structure Plan, the deposit Structure Plan as proposed to be modified and the adopted Local Plan.

38 The need for a large multi-purpose conference, exhibition and entertainment venue in Leicestershire has long been recognised. Reference was made to this fact in the Tourism Strategy for Leicestershire 1996-2000. Employment Policy 10 of the current Structure Plan suggests that a county or sub-regional conference facility in a location offering a realistic choice of transport and well related to the national road network will be supported. However, it is now proposed to modify the draft deposit Structure Plan, which suggested support for a large scale exhibition and conference facility in a location offering a realistic choice of transport, by the deletion of Employment Policy 10. The Panel considered that this policy is little more than a statement of aspiration. Its deletion would not prevent such a development from being promoted, in which case it is appropriate that any new scheme should be considered against the sequential approach and criteria in new Strategy Policies 3A and 3B.

39 Recent government advice set out in various PPG Notes and reflected in both emerging policies of the revised Structure Plan and the adopted development plan policies makes it clear that any development of this nature should be assessed in terms of its sustainability i.e. the requirement to reduce the need to travel by private transport and for the adoption of a sequential test approach to its location. These have been highlighted in the preceding sections of this report.

40 The sequential test approach referred to in PPGs would enable the whole proposal to be assessed in the light of all linkages the University has with the centre of Leicester and the Oadby area – on all levels – academic, residential and sporting and compare this location with more centrally available alternative sites where there is a choice of means of transport. This approach is reflected in the intentions of Strategy Policies 1 and 2 of the adopted Structure Plan and Strategy Policy 3 of the deposit draft Structure Plan, as proposed to be modified.

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Information regarding the availability of alternative sites has not been made available to the planning authorities. It should be noted that there are no major academic or research activities carried out in the vicinity of the application site. The campus in this area is mainly a residential one providing accommodation for students and staff.

41 In respect of the sport and recreation element of the proposal the Guidance to local authorities set out in PPG 17 is to ensure that development which would lead to the loss of sports facilities may only be considered favourably if replacement facilities are made available. This is reflected in the intentions of Leisure Policy 3 of the deposit draft Structure Plan, as proposed to be modified. It is not clear from the application what provision would be made for the replacement of in particular the athletic track and associated field event facilities. The proposal would delete the athletic track. Although it is not of modern specification, it does remain an important facility, especially given the current poor state of the Saffron Lane track which is the only other track in Central Leicestershire. The loss would not be just the track, but presumably the other areas used for athletics field events. The authority is not aware that there are any other better quality running and athletics facilities existing or proposed around Leicester as claimed by the applicant although the resurfacing of the Saffron Lane track is expected at some time in the future.

42 Furthermore, the new facilities proposed substitute a very different type of facility, mainly targetted at fitness rather than the sports facilities which already exist on the site. For instance, the indoor facilities which are proposed do not appear to include a sports hall, rather a gymnasium (which is too narrow for most team sports) and fitness and activity rooms.

43 Whilst halls of residence may be acceptable in this location, subject to the criteria set out in Local Plan Policy H6, an assessment will need to be made by the Borough Council about the proposed scale and mass of the proposal in this particular location.

44 The site is not designated within the adopted Oadby and Wigston Local Plan for either development or specific protection. This does not imply that it is therefore open for development. Any proposals would have to be measured against the Borough wide proposals contained in the Local Plan.

45 If the development is to proceed then consideration will need to be given to the need for a contribution by the developer towards any infrastructure works or service department provision which may be necessary as a result of the development.

Recommendation

The Cabinet be recommended to forward the following as the views of the County Planning Authority:-

Oadby and Wigston Borough Council be advised that:

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The County Planning Authority is concerned about the introduction of development into a location on the edge of the Leicester Conurbation which does not appear to be sustainable in transport terms and for which the applicant has not demonstrated that this is the most appropriate location in sequential terms. Principles and policies contained in central government guidance and the emerging policies of the revised Structure Plan and the adopted development plan seek to encourage the concentration of a range of uses in or close to town centres where development can add to their vitality and viability and be served by a choice of means of transport and where it can most readily contribute to the diversity of facilities available within the town centres which would benefit from development of this kind.

Consequently, the County Planning Authority objects unless the Borough Council is satisfied that:-

i) a need has been proved for the management training centre and leisure facilities;

ii) an adequate sequential approach has been taken in the choice of this location and that no other more appropriate location, better suited to the aims of central government guidance and policy for sustainable development is available;

iii) an assessment has been undertaken which has shown that the sports facilities which are to be built on, in particular, the athletics track and associated field event facilities are no longer required or that adequate alternative facilities are available or that the facilities which are proposed for exchange are equivalent in terms of size, usefulness, attractiveness and quality;

iv) the proposed scale and mass of the proposed Halls of Residence is suitable in this particular location and

v) the concerns of the Highway Authority can be met.

If the development is to proceed consultations should be carried out by the Borough Council, through the established procedure, to ascertain whether the development would attract the need for infrastructure works or service department provision which may be necessary as a result of the development.

Circulation Under Sensitive Issues Procedure

Mr. D.A. Gamble, CC

Officers to Contact

Miss. A.J. Baker (Tel. 265 7054) Mr. J.R. Hockney (Tel. 265 7013) Email: [email protected] ______

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”

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

The circumstances in which the Board is required to “have regard” to the development plan are:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

DC®. BOARD 12/09/2002 Page 14 Page 15 Agenda Item 9a D

Item 9(a)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS

LEICESTERSHIRE COUNTY COUNCIL – 2.5M HIGH PALISADE FENCE AND GATES, LAND ADJACENT TO ESPO, DLO AND FORESTRY AREAS, LEICESTER ROAD, GLENFIELD (BLABY DISTRICT)

2002/0758/01 – 16th August 2002

Description of Proposal

1. It is proposed to erect a 2.5m high galvanised palisade fence around land which adjoins the service yard associated with the ESPO operation. The land which will be enclosed is currently used as the DLO and Forestry compound. The proposed fence would be constructed to enclose the land and to divide it into two parcels. The land to the west will be retained for DLO and Forestry purposes. The land to the east will be retained as parking, its existing use in association with DLO and Forestry operations. The existing access will be used to allow vehicular traffic to enter the parking area. The existing gates will be removed and used at a new access point which will be created in the existing fence, to serve the forestry compound. An existing temporary toilet block will be relocated elsewhere in the forestry compound.

2. The existing chainlink fence along the south boundary of the forestry area will be retained and the land between the two fences planted with shrubs. This fence acts as a barrier between the compound and the sports pitches to the south. However, balls frequently pass over the fence and users of the pitches climb over to retrieve them. This has caused damage to the fence. In order prevent this from continuing together with the consequent problem of damage to vehicles it has been decided to erect a more secure fence along the southern boundary of the compound.

Planning Policy

3. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the adopted Blaby District Local Plan (1999). The ESPO site together with County Hall and its grounds are allocated in the Blaby District Local Plan as a primarily business area to which Policies E1 and E2 apply. Page 16 2 2002/0758/01 – continued

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4. Policy E2 suggests that in primarily business areas planning permission will normally be granted for business development only subject to the aims of Policy E1.

5. The aims in the sub-clauses of Policy E1 are to avoid development that would be detrimental to amenities of occupiers of nearby properties, would adversely affect the character or appearance of the area, would result in over development of the site, would have unsatisfactory layout, design or external appearance or would prejudice comprehensive development of a wider area. Any planning permission granted may restrict the type of employment use, which is allowed.

Consultations

Blaby District Council – Planning

6. Awaiting comments

Glenfield Parish Council

7. Awaiting comments

Publicity

8. The proposal has been advertised locally by site notices posted on 14th August 2002. No representations have been received within the prescribed timescale. The Chief Fire Officer has responded that there is no objection to the proposal from the point of view of the Fire Service which occupies nearby premises.

Assessment of Proposal

9. The proposed fencing is required in connection with the uses which are currently being carried out on the County Hall/ESPO site. The proposed galvanised palisade fence would adjoin other fencing of this type which exists around the ESPO service yard. Shrubs would be planted in the gap between the new fence and the existing chain link fence, which will ultimately be removed. This would enhance the visual aspect of the fence. Consequently, there would be no objection to the fence from a visual point of view.

10. The proposal conforms with the intentions of Local Plan Policies, is acceptable in planning terms and it is recommended for approval accordingly.

Recommendation

Permit subject to the following conditions:

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

DC®. BOARD 12/09/2002 Page 18 4 2002/0758/01 – continued

2. Before development commences details shall be submitted to and approved by the Director of Community Services with regard to a landscape scheme which shall indicate the treatment proposed for all ground surfaces, together with the numbers, types, species of planted materials and their disposition.

3. The approved landscape scheme shall be carried out in the first appropriate planting season following the date when the proposed pond has been established. All planted material shall be suitably maintained and replaced as necessary by the applicant(s) or owners of the land at the time for, a period of not less than 10 years from the date of planting.

Reasons

1. To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990, and to enable the County Planning Authority to review the position at the end of this period.

2. To ensure a satisfactory form of development

3. To ensure that the work is carried out within a reasonable period and is properly maintained

Policies and Proposals in the Development Plan Relevant to the Decision

Blaby District Local Plan (1999):- Policies E1, E2, E3

Circulation Under Sensitive Issues Procedures

Mr. M. B. Page, CC

Officers to Contact

Miss. A.J. Baker (Tel. 265 7054) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 12/09/2002 Page 19 5

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

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

The circumstances in which the Board is required to “have regard” to the development plan are:

DC®. BOARD 12/09/2002 Page 20 Page 21 Agenda Item 9b

Item 9(b)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS

LEICESTERSHIRE COUNTY COUNCIL – EXTENSION TO FORM TOILET FOR USE BY DISABLED PERSONS, HUNCOTE PRIMARY SCHOOL, DENMAN LANE, HUNCOTE (BLABY DISTRICT)

2002/0769/01 – 21st August 2002

Description of Proposal

1. Huncote Primary School occupies an irregular site on the south-west of Denman Lane in the north-east of the settlement. The existing school building occupies the northern end of the site and is surrounded by tarmacked play areas and car park, with playing fields to the south.

2. Planning permission is sought for an extension to the main school building to provide a toilet for use by disabled persons. This would be adjacent to the Community Centre at the northern end of the building.

3. The extension would occupy a floor space of 5.0m2 and measure 1.8m by 3.0m and be 3.0m high at its largest dimensions. The proposed roof would be flat to match the existing roof design. The extension would be constructed of dark brown brickwork to match the existing school building.

4. The existing ramp leading up to the Community Centre entrance would be narrowed at the southern end to make way for the extension. It would allow access for disabled persons to be retained. The handrail will be attached along the side (southern elevation) of the new extension. A silver birch tree next to the ramp will not be affected.

5. The proposal would not lead to any increase in the number of staff or pupils employed at the site and, therefore, no additional car parking is required.

Planning Policy

6. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the Blaby Local Plan (adopted 1999). Page 22 2 2002/0769/01 – continued

DC®. BOARD 12/09/2002 Page 23 3 2002/0769/01 – continued

7. Policy R2 of the Local Plan states that within primarily residential areas planning permission will only be granted for development other than residential if it does not conflict with criteria of Policy R1: have an unsatisfactory relationship with other nearby uses that would be significantly detrimental to the amenities of the nearby occupiers, including considerations of privacy, light, noise, and disturbance; be significantly out of keeping with the character or appearance of the area; result in the over-development of the site; be of unsatisfactory layout, design or external appearance; be likely to prejudice the possible comprehensive development of a wider area; involve “tandem development”; or result in an extension of “ribbon development”.

Consultations

Blaby District Council – Planning

8. Reply awaited

Huncote Parish Council

9. Reply awaited

Publicity

10. This proposal has been advertised by site notice dated 14th August 2002, and individual letters have been delivered to nearby residential properties on Deman Lane. No letters of representations have been received within the timescale prescribed.

Assessment of Proposals

11. The proposed extension represents a minor addition to the existing school and community centre building and is not in close proximity to residential properties on Denman Lane. It would be visible from dwellings facing the school, but would be constructed with brickwork and a flat roof design to match the existing building. Therefore, residential amenities would not be significantly affected. The adjacent ramp would still allow access for disabled persons and its appearance would not change.

12. Consequently, the proposal conforms to the relevant Local Plan policies, is acceptable in planning terms and, therefore, is recommended for approval accordingly.

Recommendation

Permit subject to the following conditions:

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

DC®. BOARD 12/09/2002 Page 24 4 2002/0769/01 – continued

2. The development hereby permitted shall be carried out using matching external materials to those on the existing building on site. Details of such materials shall be agreed in writing with the Director of Community Services before development commences.

Reasons

1. To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990, and to enable the County Planning Authority to review the position at the end of this period.

2. To ensure a satisfactory external appearance and grouping of materials.

Policies and Proposals of the Development Plan Relevant to the Decision

Blaby Local Plan Policies R1 and R2

Circulation Under Sensitive Issues Procedures

Mr. P. G. Winkless, CC

Officers to Contact

Miss. R. Megee (Tel. 265 7050) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 12/09/2002 Page 25 5

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

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

The circumstances in which the Board is required to “have regard” to the development plan are:

DC®. BOARD 12/09/2002 Page 26 Page 27 Agenda Item 9c

Item 9(c)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 13 OF THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) REGULATIONS 1990

LEICESTERSHIRE COUNTY COUNCIL – LISTED BUILDING CONSENT FOR REMOVAL OF WINDOW AND CONSTRUCTION OF NEW FIRE EXIT DOOR, QUORN HALL, MEYNELL ROAD, QUORN (CHARNWOOD BOROUGH)

2002/2202/02 – 31st July 2002

Background

1. It is proposed to remove a window and replace it with a new fire exit door in the former stable block of Quorn Hall, to comply with the fire officer’s report. Listed building consent is required for this development and this application is submitted under Regulation 13 of the appropriate Town & Country Planning (Listed Buildings & Conservation Areas) Regulations 1990. If the Board is minded to agree with the proposal, it will be necessary to forward the application to the Secretary of State, along with any representations, for his determination.

2. Quorn Hall is situated on the north-east side of Meynell Road in the north-east of the settlement, adjacent to the A6. The main building is a three-storey former country house, Grade II listed, dating from 1680, although it has been greatly altered up until the 20th Century, including the addition of a large western wing. There are a variety of outer buildings, notably the former stable block. This, and most of the main Hall, are built in red brick with pediment and slate roof and brick stacks. The Hall is also situated within the Quorndon Conservation Area.

3. Planning permission was granted in 1999 for 1.7m high security fences and gates along Huntsman’s Close (1999/0895/02), and for the installation of three external CCTV cameras around the main building (1999/0051/02).

Description of Proposal

4. The proposed development involves removing a window from the north-eastern elevation of the former stable block and replacing it with a new fire exit door. It would directly face the back of the western wing of the main building and would, therefore, only be visible from a close proximity in between the two buildings. Page 28 2 2002/2202/02 – continued

DC®. BOARD 12/09/2002 Page 29 3 2002/2202/02 – continued

The proposed door would be located to the right of an existing red timber door, which it would match in both colour and design.

5. A previous alteration directly below the existing window is evident, particularly the untidy plastering and an unused black, protruding flue box. These would be replaced by the new door.

Planning Policy

6. The adopted Soar Valley Local Plan (1992) Policy ENV/2 states the Borough Council will preserve and enhance the special character of designated conservation areas by requiring, among other criteria: the height, size, design, roofscape, plot width and visual appearance of new development, including alterations or extensions to existing buildings, to be sympathetic to the character of a conservation area; seeking to retain the historic street patterns, traditional building lines, open spaces, footways, footpaths, kerb lines which contribute to the character of the conservation area; and encouraging the redesign or replacement of buildings, structures and features which are visually detrimental to the character of a conservation area.

7. Policy ENV/3 states the Borough Council will seek to protect listed buildings and structures using the following criteria: there will be a presumption against the demolition of a listed building; in order to safeguard the character and appearance of buildings listed as being of architectural or historic interest the Borough Council will: refuse consent for the alteration, internally or externally of a listed building if the proposals are considered to be detrimental to the character of the building; in granting planning permission near to a listed building, impose such conditions as may be necessary to protect its setting; normally require application for planning permission or change of use of a listed building to be accompanied by full details of any alterations to the building in order that the effect on the character of the building can be ascertained.

8. The application site is included within the limits of development as identified on the Draft Local Plan for Charnwood Borough (1996). Policy EV/4 of the Draft Local Plan – Planning permission for alterations or extensions to listed buildings, where required, will only be approved where the work is in keeping with the special architectural or historic interest of the building or its character or setting.

9. Policy EV/9 of the Draft Local Plan states that development in designated conservation areas will preserve or enhance their special character or appearance by requiring, among other criteria:- a) the height, size, roofscape, plot width, visual appearance and materials used in any new development (including alterations and extensions to existing buildings) to respect the character of the surrounding area and make a positive contribution to the general character of the Conservation Area. b) full details of any proposal so the effect of the proposal on the character of the conservation area, both visually and in terms of any potential environmental intrusion, can be properly assessed.

DC®. BOARD 12/09/2002 Page 30 4 2002/2202/02 – continued

Consultations

Charnwood Borough Council

10. Reply awaited.

Quorndon Parish Council

11. Reply awaited

English Heritage

12. No objection.

13. Replies awaited from:

Leicestershire Archaeological and Historical Society The Victorian Society (Northern Office) The Society for the Protection of Ancient Buildings The Georgian Group Ancient Monuments Society The Council for British Archaeology

Publicity

14. The proposal was advertised on 2nd August 2002 by site notices and in the Loughborough Echo on 9th August 2002. No representations have been received in the timescale prescribed.

Assessment of Proposal

15. The proposed development needs to be assessed against the policies of the Draft Local Plan relating to Listed Buildings; planning permission is not required for the development. The material consideration is the impact of the development on the character and setting of this important building.

16. The proposal involves a relatively minor alteration to the existing building and will have little impact on its appearance, so long as the work is carried out in a suitable matching style and with matching materials.

17. In the circumstances, it is considered that the proposal is acceptable, subject to the prior approval of the materials to be used in the alterations to the building.

Recommendation

That the application for Listed Building Consent, together with the observations of Charnwood Borough Council and the Amenity Societies, be forwarded to the Office of the Deputy Prime Minister for determination and that he be advised that

DC®. BOARD 12/09/2002 Page 31 5 2002/2202/02 – continued

the County Planning Authority has no objection to the proposal, subject to the following conditions:

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

2. The development hereby permitted shall be carried out using matching external materials to those on the existing building on site. Details of such materials shall be agreed with Director of Community Services before development commences.

Policies and Proposals of the Development Plan Relevant to the Decision

Soar Valley Local Plan Policies ENV/2 and ENV/3

Circulation Under Sensitive Issues Procedure

Mr A.M. Kershaw, CC

Officers to Contact

Miss R. Megee (Tel. 265 7050) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 12/09/2002 Page 32 6

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

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

The circumstances in which the Board is required to “have regard” to the development plan are:

DC®. BOARD 12/09/2002 Page 33 Agenda Item 9d

Item 9(d)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS

LEICESTERSHIRE COUNTY COUNCIL – SINGLE STOREY, FLAT ROOF EXTENSION TO MAIN BUILDING, KIBWORTH CHURCH OF ENGLAND PRIMARY SCHOOL, HILLCREST AVENUE, KIBWORTH BEAUCHAMP (HARBOROUGH DISTRICT)

2002/1115/03 – 18th July 2002

Background

1. Kibworth Church of England Primary School occupies a flat, irregular site on the south side of Hillcrest Avenue, to the north-west of the town. The main school building is situated near the entrance off Hillcrest Avenue, while the rest of the site is occupied by grassed playing fields. There are adjacent residential properties to the north of the school building, some of which overlook the site of the proposed extension.

2. Planning permission was granted in 1989 and 1992 for recladding and installation of new window treatments of various external elevations of the main school building. The original bricks were no longer available and an alternative (a close match to the original) was used.

Description of Proposal

3. Planning permission is sought for a single storey, flat roof extension to the front of the main building of the school, to provide a new staffroom.

4. The extension would occupy a floor space of 27m2 and measure 4.3m by 6.3m and be 3.0m high. The proposed flat roof would match the existing roof. The extension would be constructed of brickwork with decorative cladding to match the earlier renovations of the school building.

5. The proposal would not lead to any increase in the number of staff or pupils employed at the site and, therefore, no additional car parking is required. Page 34 2 2002/1115/03 – continued

DC®. BOARD 12/09/2002 Page 35 3 2002/1115/03 – continued

6. A mature lilac tree currently on the site of the proposed extension will be repositioned closer to the school boundary. The Swedish whitebeam tree adjacent to the proposed extension will have lower branches lopped off on the side facing the extension to avoid the development and to avoid obstructing a telephone cable running past the tree. Neither tree should suffer permanent root damage as a result of the development.

Planning Policy

7. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the Harborough District Local Plan (adopted April 2001).

8. Policy IN/1 – Standards of Development of the Harborough District Local Plan suggests new development will be granted which achieves a good standard of layout and design, is in keeping with the scale and character of its surroundings and when certain criteria are met. These criteria relate to development which is appropriate in height and scale; accords with the character of the area; makes the best use of the site; respects the privacy of nearby dwellings; provides appropriate landscaping; is appropriate in traffic and highway terms; has sufficient car parking; protects amenities of neighbours; provides adequate drainage; provides access for disabled people etc; respects wildlife habitats; minimises the opportunity for crime and promotes energy conservation.

9. Policy LR/20 of the Local Plan states that the District Council will grant planning permission for proposals to expand the range of community facilities, including educational uses, in the district where the proposal does not adversely affect the amenities of neighbouring residents or the character and appearance of the area; and where a satisfactory access is provided and adequate provision is made within the site for parking and servicing.

Consultations

Harborough District Council – Planning

10. No objection

Kibworth Beauchamp Parish Council

11. No comments

Publicity

12. This proposal has been advertised by site notice dated 23rd July 2002, and individual letters have been delivered to nearby residents on Hillcrest Avenue. No letters of representation have been received in the timescale prescribed.

Assessment of Proposal

13. The proposed extension provides for improved educational facilities. It complements existing school development by using matching brickwork and roof

DC®. BOARD 12/09/2002 Page 36 4 2002/1115/03 – continued

and window treatments. It would not generate the need for more car parking and safeguards existing vegetation. It is largely screened from neighbouring residential properties by a boundary hedge and the adjacent Swedish whitebeam tree which would be retained and, therefore, not significantly affect residential amenity.

14. Consequently, the proposal is acceptable in planning terms and accords with the intentions of the policies of the Local Plan. It is recommended for approval accordingly.

Recommendation

Permit subject to the following conditions:

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

2. Unless otherwise agreed in writing with the Director of Community Services, all site preparation and construction works, deliveries of and movement of materials and machinery, in connection with the approved development, shall only take place between 0730 – 1800 hours Monday to Friday. No such activities shall take place any time on Saturday, Sundays or Statutory Public or Bank Holidays. There shall not be any work carried out under floodlights on the construction site unless otherwise agreed in writing with the Director of Community Services.

3. The classroom hereby permitted shall only be occupied by the school in association with and ancillary to the Leicestershire Education Authority’s educational activities on the site and for no other purpose within Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any other Order revoking or re-enacting that order).

4. This consent relates to the application as amended by revised plan 2002/1115/03A (drawing no. FM/BM/AL/2) showing the elevations and floor plan.

Reasons

1. To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990, and to enable the County Planning Authority to review the position at the end of this period.

2. To safeguard the amenities of nearby residents.

3. To ensure that the use of the premises remains compatible with the existing development in this locality and to enable the County Planning Authority to assess the impact of any alternative or additional uses.

4. For the avoidance of doubt.

DC®. BOARD 12/09/2002 Page 37 5 2002/1115/03 – continued

Policies and Proposals of the Development Plan Relevant to the Decision

Harborough District Local Plan Policies IN/1 and LR/20

Circulation Under Sensitive Issues Procedures

Dr. R.K.A. Feltham, CC

Officers to Contact

Miss. R. Megee (Tel. 265 7050) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 12/09/2002 Page 38 6

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

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

The circumstances in which the Board is required to “have regard” to the development plan are:

DC®. BOARD 12/09/2002 Page 39 Agenda Item 9e

Item 9(e)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS

LEICESTERSHIRE COUNTY COUNCIL – CREATION OF POND, WETLAND AND FOOTPATHS ASSOCIATED WITH PUBLIC OPEN SPACE, LAND TO THE REAR OF BILLESDON HIGHWAY DEPOT, GAULBY ROAD, BILLESDON (HARBOROUGH DISTRICT)

2002/1202/03 – 5th August 2002

Description of Proposal

1. The land subject of this application is owned by Leicestershire County Council and leased to the Billesdon Parish Council for use as an informal public open space. There is currently an environmental appraisal being carried out of the public open space, which is located to the side and rear of the Billesdon Highway depot, by the Director of Community Services together with the Billesdon Wildlife Group. The intention is to provide an environmental wildlife management plan for the whole of the area.

2. As part of the plan Leicestershire County Council’s Direct Labour Organisation (DLO) has been in consultation with Billesdon Parish Council, and Billesdon Wildlife Group, regarding the creation of a natural habitat area within the public open space immediately to the south of the depot. This would involve providing a wetland area and pond with a network of footpaths. This would be associated with improvements that are proposed to deal with the drainage of surface water from the depot.

3. The D.L.O. is currently pursuing a ‘license to treat’ with the Environment Agency to recycle gulley waste which is received at the depot. This would involve the creation of a saltmarsh and wetland treatment area, wholly within the depot, to deal with unwanted road salt concentrations etc in the liquid element of the gulley waste.

4. The opportunity is also being taken to rationalise the surface water drainage of the depot. The amount of liquid from the gulley waste is quite small and some surface water will be diverted through the treatment beds to provide throughput to maintain plant life. The remainder of the surface water run off from the depot would be conveyed to join the treated water at a single discharge point at the south east corner of the site. Page 40 2 2002/1202/03 – continued

DC®. BOARD 12/09/2002 Page 41 3 2002/1202/03 – continued

5. The wetland area and pond would be fed by the clear water outflow system from the new treatment system to be created in the depot. There would be no untreated discharge from the depot entering this area. The rationalisation of the depot’s drainage to discharge to a single point would allow better pollution control in the unlikely event of any accident in the depot, improving the current situation and reducing the possibility of any contamination of the wetland area.

6. The Parish Council and local Wildlife Group are in agreement with the proposal set out in the application and have consulted residents regarding the proposal.

7. The public open space is currently used on a casual basis at all hours. Dog walking appears to constitute the bulk of present use. It is accessed by pedestrians from Gaulby Road where there is an entry point to the south west of the disused lorry park. As part of the environment management plan this access will be widened out. There is a pull in for car users alongside the highway, freely available to people who currently use the area. There are no problems at present with parking or congestion. Any additional visits to the area generated by the creation of a new wetland area and pond would easily be accommodated by the present parking arrangements.

8. The provision of a wetland area and pond will allow the opportunity for the environmental management of the area to incorporate a more diversified habitat. The site is currently left as meadow land with the grass allowed to grow and then cut.

9. The pond will feature a wide shallow shelf around the perimeter, both to enhance suitable habitat for aquatic and bird species and also to act as a safety feature. The pond would measure 30m by 55m with a maximum depth of 1.5m. The material, 1600 cu m, which would be removed to create the pond would be used to build up the land which slopes away to the south of the pond and also to raise the level of the land for the footpath network. No spoil would be removed from the site and no shrubs or trees would be lost as a result of the development. Access for the construction work will be taken through the DLO depot.

10. The site of the proposal is located in an Area of Particularly Attractive Countryside (APAC) in the adopted Harborough District Local Plan. There are no residential properties in the vicinity of the application site. A public bridleway C55 adjoins the western boundary of the depot and the application site.

Consultations

Billesdon Parish Council

11. The Council is in favour of the proposal.

Harborough District Council – Planning

12. Comments awaited

DC®. BOARD 12/09/2002 Page 42 4 2002/1202/03 – continued

Director of Museums – Archaeological Section

13. The Leicestershire and Rutland Sites and Monuments Record shows that there are no known sites of archaeological interest likely to be affected by the proposal.

Director of Museums – Ecology

14. A survey has revealed that the grassland, though not of SINC value, contains a fair degree of species diversity. The creation of a pond in the grassland is bound to cause damage to the existing habitat. It is recommended that a method of works be devised so that damage to the grassland is limited and that the existing interest is conserved and enhanced. Recommendations are also given regarding the detailing of the pond and wetland area, the phased replacement of sycamore trees with other species and the retention of other trees and scrub.

Environment Agency

15. No objection

Publicity

16. The proposal has been advertised locally by site notices on 7th August 2002. No representations have been received in the timescale prescribed

Policy Considerations

17. The Development Plan in this instance consists of the Leicestershire Structure Plan and the adopted Harborough District Local Plan, February 2001.

18. Relevant policies of the Local Plan include Policies IN/1, LR/22, EV/20 and EV/4. Policy IN/1 sets out the Standards of Development and suggests that new development will be granted which achieves a good standard of layout and design, is in keeping with the scale and character of its surroundings and when certain criteria are met. These criteria relate to development which is appropriate in height and scale; accords with the character of the area; makes the best use of the site; respects the privacy of nearby dwellings; provides appropriate landscaping; is appropriate in traffic and highway terms; has sufficient car parking; protects amenities of neighbours; provides adequate drainage; provides access for disabled people etc; respects wildlife habitats; minimises the opportunity for crime and promotes energy conservation.

19. Policy LR/22 relating to Community Facilities, which includes public open space, states that the District Council will grant planning permission for proposals to expand the range of community facilities in the district, where the proposal does not adversely affect the amenities of neighbouring residents; the proposal does not adversely affect the character and appearance of the area; a satisfactory access is provided and adequate provision is made within the site for parking and servicing.

DC®. BOARD 12/09/2002 Page 43 5 2002/1202/03 – continued

20. Policy EV/20 - Planning applications for new development should be accompanied by a landscape scheme appropriate to the scale, nature and location of the development. The scheme should include:

• retention of existing landscape features; • new planting and surface treatment; • protection of existing landscape features of value within and adjoining the site during construction; • maintenance of existing and proposed landscape features.

21. Policy EV/4 suggests that proposals will be refused which would adversely affect the character and appearance of the landscape in the area of particularly attractive countryside. Where development is permitted conditions may be attached to ensure that the character and appearance of the landscape is maintained

Assessment of Proposal

22. The application site is shown on the Harborough District Local Plan as being within an Area of Particularly Attractive Countryside and is subject to Policy EV/4 and other relevant Policies of the Local Plan. It should be noted that there are limited views of the land from outside the village or from the village street. It is considered that the proposal is in keeping with the character and appearance of the landscape of the APAC and the existing use as public open space. The introduction of a pond area will provide a more diversified habitat and the new footpath network will enable better use of the public open space by pedestrians. It is not envisaged that the proposal and associated works will have any detrimental impact on recognised protected species since conditions are recommended to minimise the effect of the proposed scheme. The pond area will be landscaped and the resultant spoil from the pond will be used to build up the land which slopes away to the south of the pond and to build up the land under the footpath network. There are no buildings proposed as part of the development.

23. The public open space is generally used by local residents who walk to the area and there are suitable parking arrangements for those who arrive by car. The proposed pond would enable the surface water run off from the DLO depot and the treatment of gully waste to be treated and disposed of in a sustainable manner. The scheme will enhance and be compatible with the environmental wildlife management plan proposed for the overall public open space.

Recommendation

Permit subject to the following conditions

Conditions

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

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2. Before development commences details shall be submitted to and approved in writing by the Director of Community Services with regard to:

a) a landscape scheme which shall indicate the treatment proposed for all ground surfaces, together with the numbers, types, species of planted materials and their disposition; b) a method of works to ensure that the damage to the grassland is limited and to conserve and enhance the existing interest; c) the route of the proposed footpath network in the vicinity of the pond and its surface treatment and d) the contours of the pond and the surrounding area where it is intended to spread the spoil to be removed to create the pond.

Reasons

1. To comply with the requirements of Section 92 of the Town and Country Planning Act, 1990 and to enable the County Planning Authority to review the position at the end of this period.

2. To ensure a satisfactory form of development

3. To ensure that the work is carried out within a reasonable period and is properly maintained

Note to Applicant

Your attention is drawn to the contents of the letter dated 13th August 2002 from the Director of Museums, Arts and Record Service (Ecology) attached to this consent.

Policies and Proposals in the Development Plan Relevant to the Decision

Harborough District Local Plan, (February 2001):- Policies ENV/20, EV/4, LR/22 & IN/1

Circulation Under Sensitive Issues Procedures

Mr. S.J. Galton, CC

Officers to Contact

Miss A.J. Baker (Tel. 265 7054) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 12/09/2002 Page 45 7

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

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

The circumstances in which the Board is required to “have regard” to the development plan are:

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Page 48 2

DC®. BOARD 12/09/2002 Page 49 3

Item 9(f)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS

LEICESTERSHIRE COUNTY COUNCIL – ERECTION OF TWO 6.0M HIGH EXTERNAL LIGHTING COLUMNS FOR CAR PARK, TOWNLANDS CHURCH OF ENGLAND PRIMARY SCHOOL, MEADOW COURT ROAD, EARL SHILTON (HINCKLEY AND BOSWORTH BOROUGH)

2002/0892/04 – 31st July 2002

Description of Proposal

1. Townlands C of E Primary School occupies a flat, rectangular site on the south side of Meadow Court Road, to the south of the town centre. The school buildings are situated in the north of the site near the vehicular entrance. They are surrounded by residential properties to the north and west, the school carpark to the north-east, open farmland to the east and playing fields to the south.

2. The school is situated on the edge of a residential area, with modern detached and semi-detached housing along Meadow Court Road and Equity Road East. These houses overlook the site from the north and west sides. There is a mixture of hedging, mature trees and fencing defining the boundaries between the school and residential properties.

3. It is proposed to erect two six-metre high floodlighting columns to illuminate and provide security for the school’s car park for occasional evening use for educational associated activities, such as parent meetings. Both columns would be constructed of galvanised steel with twin light brackets. These would be fitted with low-wattage (150W) halide (white light) bulbs. The exact direction and angle of the lights would be determined when they are installed. However, they would be set at a direction and angle away from neighbouring residential properties to

DC®. BOARD 12/09/2002 Page 50 4 ensure that the amount of light spillage is kept to a minimum and would not be a source of nuisance to these properties. The floodlights would turn on automatically when the natural light falls below a certain level (75 lux), and turn off no later than 2200 hours by a timer or earlier by the Premises Officer if the Officer is available and the lighting is no longer required that evening.

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DC®. BOARD 12/09/2002 Page 52 6 2002/0892/04 – continued

Planning Policy

4. Policy CF1 of the Hinckley and Bosworth Local Plan (adopted 2001) states that planning permission for the development of community facilities for new buildings, redevelopment or conversions, or the extension of existing facilities, will be granted unless the proposed development would: have a detrimental effect on the amenities enjoyed by the occupiers of adjoining residential properties, and on the character of the area; represent an over development of the site; involve the intensified use of an existing access or the creation of a new access which is inadequate to the detriment of highway safety; and make inadequate provision for off street car parking.

5. Policy BE1 of the Local Plan, sets out the criteria which should be followed in order to secure attractive development and to safeguard and enhance the existing environment. These criteria inter alia relate to scale, design, materials, retention of important spaces and vegetation, safety and security, sustainability, new landscaping, ease of use for the physically disadvantaged, highway and parking standards, no adverse effect of nearby activities, no adverse effect of proposal, and being not prejudicial to comprehensive development. These objectives are supported by Supplementary Planning Guidance published by the Borough Council.

6. Policy BE26 of the Local Plan states that planning permission will be granted for development which incorporates a lighting scheme provided that the proposal would not: a) Create a nuisance to nearby residents b) Create unnecessary levels of lighting or light spillage; or c) Have a detrimental effect on the character or appearance of the area.

Consultations

Hinckley and Bosworth Borough Council – Planning

7. No objections, subject to light sources being shielded from adjacent private rear garden areas.

Publicity

8. This proposal has been advertised by site notice dated 6th August 2002, and individual letters have been delivered to nearby residents on Meadow Court Road and Equity Road East. No letters of representation have been received in the timescale prescribed.

Assessment of Proposal

9. Floodlighting is required to provide illumination in the school car park for security purposes. The car park is used occasionally during evenings for educational- associated activities, such as parent meetings. However, in the interests of local

DC®. BOARD 12/09/2002 Page 53 7 2002/0892/04 – continued

amenities it would not be appropriate for the lighting to be on after 2200 hours and a suitable condition could be imposed to ensure that.

10. The exact direction and angle of the beams would be determined when the lights are installed. However, they would be set at a direction and angle away from adjacent residential properties to ensure that the amount of light spillage is kept to a minimum and, therefore, would not be a source of nuisance to neighbours along Meadow Court Road or Equity Road East. Properties along Equity Road East are also largely screened by mature trees and hedging, and are located some distance from the car park. In addition, the wattage of the bulbs to be used would ensure a low intensity beam and avoid unnecessary levels of lighting. Furthermore, the lights would be shielded down and the height of the columns would allow the angle of the beams to be ‘flat’ rather than at an angle, thus reducing the amount of light spillage. Therefore, residential amenities are not significantly affected.

11. The materials (galvanised steel) that would be used in the construction of the floodlighting columns are considered to be acceptable, as are their scale and height.

12. Consequently, it is considered that the proposal accords with the intentions of relevant local plan policies, is acceptable in planning terms and is recommended for approval accordingly.

Recommendation

Permit subject to the following conditions:

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

2. The beam axes of the proposed floodlights and light distribution shall be controlled so that negligible light is visible from adjoining dwellings.

3. The proposed floodlights shall not be switched on after 2200 hours, unless otherwise agreed in writing by the Director of Community Services.

Reasons

1. To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990, and to enable the County Planning Authority to review the position at the end of this period.

2. To minimise the impact of the development in the interests of the amenities of nearby residents.

3. To safeguard the amenities of nearby residents.

DC®. BOARD 12/09/2002 Page 54 8 2002/0892/04 – continued

Policies and Proposals of the Development Plan Relevant to the Decision

Hinckley and Bosworth Local Plan Policies CF1, BE1 and BE26

Circulation Under Sensitive Issues Procedures

Mr. D.R. Bown, C.C.

Officers to Contact

Miss. R. Megee (Tel. 265 7050) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 12/09/2002 Page 55 9

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

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

The circumstances in which the Board is required to “have regard” to the development plan are:

DC®. BOARD 12/09/2002 Page 56 Page 57 Agenda Item 9g

Item 9(g)

DEVELOPMENT CONTROL AND REGULATORY BOARD

12TH SEPTEMBER 2002

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS

LEICESTERSHIRE COUNTY COUNCIL – CONSERVATORY, ST MARYS CHURCH OF ENGLAND PRIMARY SCHOOL, STATION ROAD, HINCKLEY (HINCKLEY AND BOSWORTH BOROUGH)

2002/0903/04 – 5th August 2002

Description of Proposal

1. St Mary’s Church of England Primary School occupies a rectangular site on the junction of Station Road and Church Walk, near the centre of the town. The existing school building occupies most of the site and is surrounded by tarmacked play areas.

2. Planning permission is sought for a conservatory, which would serve as a covered walkway and wet play area. It would be located within the courtyard in the centre of the main school building and would not be visible from outside the school site.

3. The extension would occupy a floor space of 6m2 and measure 3.8m by 4.3m and be 3.5m high at its largest dimensions. The conservatory and walkway would be constructed from glass, with hardwood frames and a pitched carbon plastic roof. A pitched canopy made of polycarbonate panels supported by wooden posts already encloses the remainder of the courtyard. The external doors of the proposed conservatory would open out into this courtyard area. It would be internally linked to the main school building from existing doors on both sides (western and eastern elevations). These are currently external doors opening out into the courtyard.

4. The proposal would not lead to any increase in the number of staff or pupils employed at the site and, therefore, no additional car parking is required.

Planning Policy

5. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the Hinckley and Bosworth Local Plan (adopted 2001). Page 58 2 2002/0903/04 – continued

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6. Policy CF1 of the Local Plan states that planning permission for the development of community facilities for new buildings, redevelopment or conversions, or the extension of existing facilities, will be granted unless the proposed development would: have a detrimental effect on the amenities enjoyed by the occupiers of adjoining residential properties, and on the character of the area; represent an over development of the site; involve the intensified use of an existing access or the creation of a new access which is inadequate to the detriment of highway safety; and make inadequate provision for off street car parking.

7. Policy RET5 – Town Centre Fringe – Planning permission will normally be granted for alternative (non-retail) uses provided that: nearby residential amenities do not suffer serious detrimental effect; car parking requirements can be met; the proposal is in keeping with the character of the area; it would not detract from the visual amenities of the area; it would not be prejudicial to the comprehensive development of a larger area of which the development forms a part; it would not involve the intensified use of an access or creation of a new access which would be inadequate in terms of width and/or visibility to the detriment of highway safety and capacity; and it would not result in excessive traffic generation to the detriment of the local traffic situation.

8. Policy BE1 of the Local Plan sets out the criteria, which should be followed in order to secure attractive development and to safeguard and enhance the existing environment. These criteria inter alia relate to scale, design, materials, retention of important spaces and vegetation, safety and security, sustainability, new landscaping, ease of use for the physically disadvantaged, highway and parking standards, no adverse effect of nearby activities, no adverse effect of proposal, not prejudicial to comprehensive development. These objectives are supported by Supplementary Planning Guidance published by the Borough Council.

9. Policy BE7 states that in conservation areas, the primary planning policy will be the preservation or enhancement of their special character or appearance. Planning permission and conservation area consent for proposals, which would harm that special character or appearance, will not be granted. The siting and design of new development will preserve and enhance the character or appearance of the area and be in sympathy with the merits of neighbouring development. The following considerations will be taken into account: a) The siting of proposals in relation to existing urban spaces and existing building lines; b) Their overall scale, design and proportions which should be sympathetic to the characteristic form in the area and compatible with adjacent buildings and spaces; c) The desirability of retaining features of historic or characteristic value including street pattern, boundary walls and street furniture; and d) The use and application of building materials and finishes which should respect the local traditional materials and techniques.

DC®. BOARD 12/09/2002 Page 60 4 2002/0903/04 – continued

Consultations

Hinckley and Bosworth Borough Council – Planning

10. Reply awaited

Publicity

11. The proposal has been advertised by site notice dated 6th August 2002, and individual letters have been delivered to nearby businesses on Station Road and Church Walk. No letters of representations have been received within the timescale prescribed.

Assessment of Proposals

12. The school comes within the classification of community use in the Hinckley and Bosworth Local Plan and is therefore subject to Community Facilities Policy 1 and Built Environment Policy 1. In addition, the School falls within the Hinckley Town Centre Fringe and Conservation Area and, therefore, policies RET5 and BE7 of the Local Plan apply.

13. The proposed extension is required to provide a wet room teaching area for existing pupils. Existing classrooms do not currently provide appropriate space for such use. The extension would only be used during normal school hours.

14. The proposed design and appearance of the extension to be used in external construction is acceptable for its intended use, which would enhance the existing educational use of the site. A pitched canopy made of polycarbonate panels standing on wooden posts, already encloses the remainder of the courtyard.

15. The development would also be acceptable in the given location. The proposal would be sited in the centre of the school, and be encased by the larger/higher main school building. As a result, though the roof would be pitched, no part of the development would be visible from outside the school grounds. Therefore, neither the amenities of neighbouring business properties nor the character or appearance of the Conservation Area would be affected.

16. Consequently, the proposal conforms to the relevant Local Plan policies, is acceptable in planning terms and is, therefore, recommended for approval accordingly.

Recommendation

Permit subject to the following conditions:

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

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2. The building hereby permitted shall only be occupied by the school in association with and ancillary to the Leicestershire Education Authority’s educational activities on the site and for no other purpose within Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any other Order revoking or re-enacting that order).

Reasons

1. To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990, and to enable the County Planning Authority to review the position at the end of this period.

2. To ensure that the use of the premises remains compatible with the existing development in this locality and to enable the County Planning Authority to assess the impact of any alternative or additional use.

Policies and Proposals of the Development Plan Relevant to the Decision

Hinckley and Bosworth Local Plan Policies CF1, RET5, BE1 and BE7

Circulation Under Sensitive Issues Procedures

Mrs. V. P. Bill, CC

Officers to Contact

Miss. R. Megee (Tel. 265 7050) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 12/09/2002 Page 62 6

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Head of Property Services will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

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

The circumstances in which the Board is required to “have regard” to the development plan are:

DC®. BOARD 12/09/2002