Public Document Pack

Meeting Development Control and Regulatory Board

Time/Date Thursday, 28 June 2001 at 2:00 pm

Location Guthlaxton Committee Room, County Hall, Glenfield

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

Membership

Mr. D. C. Bill CC Mr. D. R. Bown CC Mrs. C. E. Brock CC Mr. P. Callis CC Mr. B. Chapman AE, CC Mr. R. Fraser CC Mr. R. Jenkins CC Mr. D. Jennings CC Mr. C. H. G. Macleod CC Mr. M. B. Page CC Mr. E. Palmer CC Mr. G.H. Perkins JP, CC Mr. J. W. Royce CC

AGENDA

Item Marked

1. Election of Chairman.

2. Appointment of Deputy Chairman.

3. Minutes of the meeting held on 24th May, 2001. A

4. Question Time.

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

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

7. To receive declarations by members of pecuniary and non-pecuniary interests in respect of items on this agenda.

8. Leicestershire County Council Horninghold Tree Preservation Order 1973 - B Application to fell four trees. Report of the Acting Director of Planning and Transportation.

______C O U N T Y H A L L • G L E N F I E L D • L E I C E S T E R • L E 3 8 R A_____ T E L E P H O N E: 0116 232 3232 • F A X: 0116 265 6260 • M I N I C O M: 0116 265 6160 e.mail: [email protected]

The following are reports of the Acting Director of Planning and Transportation on Planning Matters.

9. County Matters

(a) (a) 2001/0106/4 C Mr. and Mrs. Cart – Infilling of marl pit – Chestnut Barn, Shenton Lane, Upton;

(b) (b)1988/1547/3 Lafarge Aggregates Ltd. – Request to amend phasing of working in Stage B of Planning Permission No. 88/1547/3 previously approved under Condition No. 18 – Shawell Quarry, Gibbet Lane, Shawell.

10. District Council Consultations

(a) (a)2000/2507/02 D

Jelson Ltd and Palmer-Tomkinson – Land north of Harrowgate Drive, West and East of the A6, Birstall – Mixed use development comprising 900 dwellings, business park (24,000 sq.m), fire station, primary school, local centre (retail and community uses), formation of public open space. Two accesses from A6 and footbridge over A6. Demolition of 57 Harrowgate Drive to create pedestrian/cycle link. Construction of park and ride and facility for 1,000 cars. (Total site area 71.5h);

(b) (b)2001/0201/07 Brandvik Kinton Ltd. – Coleorton Hall, Ashby Road, Coleorton – Conversion of hall to 12 apartments, rebuilding of stables to provide five dwellings. Associated works.

11. County Council Applications

(a) (a)2001/0324/01 E

Cosby Primary School, Portland Street, Cosby – Erection of a 6 classroom block to replace annexe, one mobile and two temporary classrooms.

(b) (b)2001/0407/01

Winstanley Community College, Kingsway North, Braunstone – Reconstruction of existing car park area and installation of 2 No. new floodlighting columns.

St. Paul’s Church of England Primary School, Meadow Road, Woodhouse Eaves – Alterations and extensions to provide new entrance/lobby/offices and store.

(d) (d)2001/0437/01 Kingsway Primary School, Kingsway North, Braunstone – Internal alterations to form computer studio, erection of PE store and formation of hard playground with playwall.

(e) (e)2001/1157/02

Technology Centre, Epinal Way, Loughborough – Construction of new office buildings and provision of traffic calming works on existing private road.

(f) (f)2001/1318/02 Booth Wood Primary School, Old Ashby Road, Loughborough – Demolition of double and single mobile classrooms and removal of one single mobile classroom and siting of double mobile with toilets.

(g) (g)2001/0488/03

Dunton Bassett Primary School, The Mount, Dunton Bassett – Erection of a 2 classroom block to replace an existing temporary classroom to be demolished and an extension of hard play area and creation of a new playing field.

(h) (h)2001/0712/03

Meadowdale Primary School, off Rylands Close, Market Harborough – Erection of vertical bar fence along front elevation to replace existing timber post and tubular rail barrier.

(i) (i)2001/0440/04

Weavers Close Primary School, Alexander Avenue, Earl Shilton – Erection of 1.8m high palisade fence & gates to replace existing fence and gates.

(j) (j)2001/0370/06

Waltham on the Wolds Primary School, Melton Road, Waltham on the Wolds – Listed building consent to carry out re-roofing of main building and associated repair work.

(k) (k)2001/0115/06 4

Great Dalby Primary School, Top End, Great Dalby – Replacement of single mobile classroom with double mobile classroom.

(l) (l)2001/0148/07

Forestry Plots between Battram and Ibstock – Construction of tarmac tracks between Battram Road and Byway Q90 (linking to – Pretoria Road).

(m) (m)2001/0323/07

Ibstock High School & Community College, off Central Avenue, Ibstock – Relocation of existing double mobile classroom and siting of additional double mobile classroom with toilet.

(n) (n)2001/0443/07

Ibstock C. of E. School, Laud Close, Ibstock – Construction of brick extension for storage purposes.

(o) (o)2001/0479/07

Ashby Grammar School, Nottingham Road, Ashby de la Zouch – Extension to provide new sixth form IT centre and store and reprographics room and store.

(p) (p)2001/0547/07

Former Railway Station, Wilkes Avenue, Measham – Conversion of former railway station building into museum and offices.

(q) (q)2001/0552/07

Oakthorpe Primary School, School Street, Oakthorpe – Siting of single mobile classroom.

(r) (r)2001/0559/07

Hilltop County Primary School, Beaumont Avenue, Ashby de la Zouch – Siting of mobile classroom and mobile toilet block.

(s) (s)2001/0586/07

Broom Leys School, Broom Leys Road, Coalville – Erection of 1.8m and 2.4m high security fence to school boundary to replace existing.

(t) 2001/0163/08

Guthlaxton College, Station Road, Wigston – Erection of single storey and classroom modular building.

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

Page 1 Agenda Item 3

Minutes of a meeting of the Development Control and Highways Regulatory Board held at County Hall, Glenfield on Thursday, 24th May, 2001.

PRESENT

Mr. D.C. Bill - in the Chair

Mr. D.R. Bown Mr. R. Jenkins Mrs. C.E. Brock Mr. P.C. Osborne Mr. B. Chapman AE Mr. G.H. Perkins JP Mr. R. Fraser Mr. H. Sankey BEM Mr. B. Garner Mrs. L. Thornton

153. Retiring Members

The Chairman stated that this was the final meeting of the Board prior to the County Council elections on 7th June 2001. He thanked Mrs. Gardiner, Mr. Sankey and Mrs. Thornton for their services as members of the Board and of its predecessors.

Mr. Fraser stated that he wished on behalf of the Conservative Group to pay tribute to the service of Mr. Sankey, who had served on the County Council since 1981, and whose contributions to the work of the Board would be greatly missed.

154. Minutes

The minutes of the meeting held on 12th April 2001, having been previously circulated, were taken as read, confirmed and signed.

155. Question Time

The Chief Executive reported that no questions had been received under Standing Order 8(A).

156. Questions asked under Standing Order 8(3) and (5)

The Chief Executive reported that no questions had been received under Standing Order 8(3) and (5).

157. Declarations of Interest

Mr. Fraser and Mr. Jenkins declared a pecuniary interest and Mr. Osborne declared a non-pecuniary interest in relation to planning application No. 91/2240/2 submitted by Lafarge Aggregates Limited in respect of Mountsorrel Quarry (Paper G).

Mr. Sankey declared a pecuniary interest in planning application 98/0569/7 submitted by Hepworth Properties Limited and Onyx (U.K.) Limited in respect of the New Albion Revised development on land between Albert Village and Moira (Paper H). Page 2 2

158. Reports of the Chief Executive on Rights of Way Matters

(a) Proposed Definitive Map Modification Order - Footpath R8, Billa Barra Lane to East Lane, Stanton under Bardon and Coalville

The Board considered a report of the Chief Executive concerning a proposal to delete from the Definitive Map part of Footpath R8 between Billa Barra Lane, Stanton under Bardon and Footpath N49 and to add to the Definitive Map a footpath along the route of the former tramway between these points. A copy of the report marked ‘B’ is filed with these minutes.

It was RESOLVED that an Order be made under the provisions of Section 53 of the Wildlife and Countryside Act 1981, the effect of which will be to delete from the Definitive Map the part of Footpath R8 between Billa Barra Lane, Stanton under Bardon and Footpath N49 and to add to the Definitive Map a footpath along the route of the former tramway between these points, as shown on the plan attached as Appendix A to the report.

(b) Proposed Addition of Public Bridleway X28, Orchard Farm, Cotesbach

The Board considered a report of the Chief Executive concerning a proposal to add a section of public bridleway X28 to the Definitive Map at Orchard Farm, Cotesbach, a copy of which marked ‘C’ is filed with these minutes.

It was RESOLVED that an Order be made under the provisions of Section 53 of the Wildlife and Countryside Act 1981, the effect of which will be to add a section of public bridleway X28 to the Definitive Map at Orchard Farm, Cotesbach as illustrated on the plan attached as Appendix A to the report.

159. Report of the Acting Director of Planning and Transportation - Leicestershire County Council Rothley Tree Preservation Order 1958

The Board considered a report of the Acting Director of Planning and Transportation concerning an application to fell an oak tree located at 29 The Ridgeway, Rothley. A copy of the report marked ‘D’ is filed with these minutes.

It was RESOLVED that consideration of an application to fell an oak tree situated at 29 The Ridgeway, Rothley be deferred to enable members of the new Development Control and Regulatory Board to undertake a site visit.

160. Report of the Acting Director of Planning and Transportation - Annual Report on County Planning Monitoring and Enforcement

The Board considered a report of the Acting Director of Planning and Transportation on the activities of the monitoring and enforcement of planning control in relation to mineral and waste management Page 3 3

developments. A copy of the report marked ‘E’ is filed with these minutes.

It was RESOLVED that the contents of the report of the Acting Director of Planning and Transportation be noted and that he be requested to continue to present to the Board annual reports on the activities of the monitoring and enforcement of the planning control function in relation to minerals and waste management developments.

161. Reports of the Acting Director of Planning and Transportation on Planning Matters

(a) County Matter Planning Applications

The Board considered a report of the Acting Director of Planning and Transportation on County matter planning applications, a copy of which marked ‘F’ is filed with these minutes.

It was RESOLVED:-

(a) 2001/0268/07 - Birse Construction Ltd. - Disposal of surplus natural subsoil materials from the Ashby Bypass on land adjacent to the bypass south of the village of Smisby

That the application be permitted subject to conditions and reasons Nos. 1 to 21 detailed in the report;

(b) 2001/0389/7 - John Blunt - Retrospective application for infilling of the cutting to former ground levels with clay/subsoil and topsoil and planting of hardwood trees on the restored site, former railway cutting, adjacent to Lount Wood Farm, Lount

That the application be permitted subject to conditions and reasons Nos. 1 to 8 detailed in the report;

(b) County Matter Planning Application - Request for Variation of Condition

The Board considered a report of the Acting Director of Planning and Transportation, a copy of which marked ‘G’ is filed with these minutes.

Mr. R. Fraser and Mr. R. Jenkins declared a pecuniary interest and Mr. P.C. Osborne declared a non-pecuniary interest in the under-mentioned application. They left the room whilst the item was discussed, took no part in the discussion and did not vote. Page 4 4

It was RESOLVED:-

91/2240/2 - Redland Aggregates Ltd. - extension of granite extraction and creation of a new landform, Mountsorrel Quarry, Loughborough Road, Mountsorrel - request under Condition No. 10 to import materials

That Lafarge Aggregates be informed that their request to relax Condition No. 10 of planning permission No. 91/2240/2 to allow the importation of mineral into the Mountsorrel Quarry for the purpose of producing bagged aggregate is approved.

The Board considered a report of the Acting Director of Planning and Transportation, a copy of which marked ‘H’ is filed with these minutes. The Board also considered representations from Mr. W.H. Chesterton and the Blackfordby and Boothorpe Action Group Ltd., copies of which are also filed with these minutes.

Mr. H. Sankey declared a pecuniary interest in respect of the under-mentioned application. He left the room whilst the item was discussed, took no part in the discussion and did not vote.

It was RESOLVED:-

(a) 98/0569/7 - Hepworth Building Products Ltd./Onyx (U.K.) Ltd. - New Albion Revised, land between Albert Village and Moira

That no action be taken to enforce the requirements of Condition Nos. 36, 37 and 38 of planning permission 98/0569/7 and Condition Nos. 5 and 9 of planning permission 2001/0047/7 concerning lorry movements associated with the transportation of coal and clay for a temporary period up to 29th September 2001, provided that such movements only take place on the routes identified on Plan 2 of the planning obligation signed by Hepworth Building Products and others dated 22nd December 1997 subject to the following conditions:

(i) No heavy vehicles shall leave the site via the new access to Occupation Road/Park Road while the railway bridge on Park Road is inaccessible for heavy goods vehicles.

(ii) Access to and from the site by all laden and unladen lorries carrying clay from the Donington site and coal from Albion/Swainspark shall only be via the existing access to Donington off Spring Cottage Road (shown as Access 1 on Figure 5.4 of Section 6 of the Environmental Statement Page 5 5

accompanying planning application No. 98/0569/7). All heavy vehicles leaving the access shall turn left only onto Spring Cottage Road.

(iii) The number of lorry movements (in and out) associated with the distribution of coal via the access onto Spring Cottage Road shall not exceed 18 for any working day.

(iv) The number of lorry movements (in and out) associated with the distribution of clay via the access onto Spring Cottage Road shall not exceed 88 for any working day.

(v) The use of Spring Cottage Road access (other than as specified in Condition No. 36 of planning permission 98/0569/7) shall cease no later than 29th September 2001, or as soon as the railway bridge on Park Road is accessible for heavy goods vehicles, whichever is the earlier.

(vi) In all other respects the development shall be carried out in accordance with planning permission No. 98/0569/7 dated 26th March 1999 and the conditions attached thereto.

(b) That the County Solicitor be authorised to conclude a supplemental legal agreement to cover the routeing of clay and coal lorries from the Donington and Albion sites; and

(c) That Hepworth Building Products Ltd. and Onyx (U.K.) Ltd., the applicant companies, be advised of the contents of paragraph 19 of the report and urged to address the longer term traffic consequences for their development of the Park Road bridge being unavailable and submit their assessment to the County Council for its consideration before the end of September 2001.

(d) District Council Consultations

The Board considered a report of the Acting Director of Planning and Transportation concerning applications upon which the County Council had been consulted by the District Councils. A copy of the report marked ‘I’ is filed with these minutes.

Page 6 6

It was RESOLVED:-

(i) 2000/2507/2 - Jelson Ltd. and Palmer Tomkinson Trustees - Mixed use development, land off Harrowgate Drive and land west/east of A6, Loughborough Road, Birstall

That consideration of the application be deferred to enable members of the Development Control and Regulatory Board to undertake a site visit on 26th June 2001;

(ii) 2001/0005/2 - Raynsway Properties Ltd. - Demolition of existing country club and erection of new health club and tennis courts with associated access, car parking and landscaping, land at former Wanlip Country Club, Wanlip Road, Syston

That Charnwood Borough Council be advised that the County Planning Authority has considered this proposal in the context of approved policies of the Wanlip Action Area Plan, Structure Plan and draft Local Plan, including the proposed Changes which effect the application site and surrounding area.

There is no objection to the principle of redevelopment of the country club site with a submitted scheme and the range of uses included in the proposal. Any redevelopment proposals on the site should be subject to the securing of related developments in the area including:

(a) the completion of appropriate highway improvement works as required by the County Highways Authority, prior to the occupation of the development;

(b) agreement to a green travel plan, in the context of PPG13;

(c) the provision of a new crossing point over the canal, between the park and country club site, together with appropriate circulation routes for non-vehicular users;

(d) further public access and environmental improvements on the east side of the canal, linked to the redevelopment of the country club site; and

(e) the safeguard and (where necessary) legal diversion of public rights of way across the site.

Page 7 7

(iii) 2001/0201/7 - Brandvik Kinton Ltd. - Conversion of hall into 12 apartments with porch extension, construction of new garages, extension to cottage, demolition of post war office block/workshop buildings, demolition and redevelopment of existing stable block to create five dwellings, erection of 28 new dwellings within rebuilt walled garden area and restoration of the historic landscape, Coleorton Hall, Ashby Road, Coleorton

That consideration of the application be deferred to enable members of the Development Control and Regulatory Board to undertake a site visit;

(iv) 2001/0298/7 - Elastic Trims Ltd., Rosedale Properties (Coalville) Ltd. and Austin Reed Group - Residential development off Cropston Drive, Coalville

That North West Leicestershire District Council be advised that, in the context of (i) the approved Structure Plan; (ii) the relevant policies of the emerging replacement Structure Plan; (iii) the emerging Local Plan; and (iv) relevant advice on PPG3, the County Planning Authority considers the proposed development to be premature.

There is no requirement for a significant amount of additional housing development in this location at the present time, given the current generous overprovision of housing land in the District to meet strategic requirements.

It is acknowledged that the application site is well placed to meet the locational objectives for new housing land in Strategic Policies 2 and 3 and Housing Policies 1 and 2 of the Structure Plan. However, the need for any additional residential development in the general locality should be properly considered in the context of emerging Strategic Policies and the future review of the Local Plan, as informed by the advice in PPG3 on the provision of future housing land. It should also be assessed in the context of Strategic Policy 1(g) which seeks to achieve a balance of housing and employment uses in each locality.

In the event of the District Council being minded to approve the proposal it is considered that the application should be treated as a “departure” from the development plan.

Any resolution to allow all or part of the development should be subject to a binding legal agreement with the developer to secure appropriate contributions towards appropriate community facilities in accordance with the Page 8 8

advice in Circular 1/97, as previously identified by the County Council.

The above comments should not be taken as an indication that development of the application site for residential purposes is considered acceptable at the present time.

(e) County Council Applications

The Board considered a report of the Acting Director of Planning and Transportation on County Council applications. A copy of the report marked ‘J’ is filed with these minutes.

It was RESOLVED:-

(i) That in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992, planning permission be granted in respect of the following applications submitted on behalf of the County Council, subject to the conditions recommended by the Acting Director in his report:-

2001/0129/1 - Erection of 1.8m high vertical bar metal fence and gates to the front boundary, Stafford Leys County Primary School, Stafford Leys, Leicester Forest East

2000/2588/2 - Extension to provide single classroom, Cossington C. of E. Primary School, Main Street, Cossington

2001/0865/2 - Variation of condition for hours of use of existing car park at Humphrey Perkins High School and Community Centre, Cotes Road, Barrow upon Soar

2001/0492/3 - Erection of single mobile classroom, St. Cuthbert’s C. of E. Primary School, The Chase, Great Glen

2001/0387/4 - Construction of single storey gym store, Brookvale High School, Ratby Road, Groby

2001/0388/4 - Construction of single storey classroom extension, Brookvale High School, Ratby Road, Groby

2001/0160/6 - Extension to create new office, C. of E. Primary School, School Lane, Croxton Kerrial

2001/0179/6 - Demolition of disused toilet/store and construction of single storey Curator’s Office, Carnegie Museum, Thorpe End, Melton Mowbray

Page 9 9

2001/0250/6 - Extension to existing double mobile at Redmile Primary School, Main Street, Redmile

2001/0336/7 - Construction of new access road with associated parking and lighting, Donisthorpe Miners Welfare, off Church Street, Donisthorpe

2001/0393/7 - Erection of 2m high weld mesh fence, Orchard Community Primary School, Grange Drive, Castle Donington

2001/0371/3 - Construction of a new flat roofed porch in courtyard, School House, Churchgate, Hallaton

(ii) 2001/0488/3 - Extension to school to provide two classrooms and associated toilet and cloak areas at Dunton Bassett Primary School, The Mount, Dunton Bassett

That consideration of application No. 2001/0488/3 be deferred to enable members of the Development Control and Regulatory Board to undertake a site visit on 26th June 2001;

(iii) 2001/0372/3 - Listed building consent for the construction of a new flat roofed porch in courtyard, School House, Churchgate, Hallaton

That the application for listed building consent together with the observations of the Harborough District Council and the amenity societies, be forwarded to the Secretary of State for the Environment for determination and that he be advised that the County Planning Authority has no objection to the proposal.

(f) County Council Applications - Requests for Approval of Amended Plans

The Board considered a report of the Acting Director of Planning and Transportation, a copy of which marked ‘K’ is filed with these minutes.

It was RESOLVED:-

(i) 2000/0255/6 - Alterations and extensions to provide revised access, administration and storage facilities, Carnegie Museum, Thorpe End, Melton Mowbray

That the Director of Property be advised that amended details of the new extension as indicated in drawing Nos. CM/BM/05 and CM/BM/06 are approved;

Page 10 10

(ii) 2000/0490/8 - Construction of store, minibus garage, car parking and realignment of internal road, The Beauchamp College, Ridgeway, Oadby

That Oadby Beauchamp College be advised that the amended details as indicated on revised plan No. 2000/0490B/8 (drawing No. 00868-6B) are approved subject to the following condition:

The mature tree as indicated on revised plan numbered 2000/0490B/8 (drawing No. 00868-6B) shall be protected by fences erected at a distance equivalent to not less than the existing spread of the branches from the trunk, in accordance with details to be agreed by the Director of Planning and Transportation.

162. Urgent Items

There were no items of urgent business.

24th May 2001 CHAIRMAN 2.00 p.m. - 3.20 p.m.

Page 11 11

MJW106BD Page 12 Page 13 Agenda Item 8

DEVELOPMENT CONTROL AND REGULATORY BOARD 28TH JUNE 2001

LEICESTERSHIRE COUNTY COUNCIL HORNINGHOLD TREE PRESERVATION ORDER 1973

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

1 D:\modernGov\Data\AgendaItemDocs\0\1\5\AI00001510\horninghold00.DOC Page 14

Purpose of Report

1. To consider an application by Mr. J. H. Twidell of Bridgeford House, Horninghold to fell two Leyland cypress trees, a Norway maple and a silver birch tree located on his property. The application has been submitted by his Agent Mr. Phillip Thomas (Tree Surgeon) Holly House, Church Road, Hoby, Newark NG23 7ED.

Background

2. The two Leyland cypress trees, a Norway maple and a silver birch tree are included in an Individual and Area Tree Preservation Order that consists of mature broadleaf and conifer trees located in the gardens of residential properties.

3. A letter of 26 April 2001 confirmed that a lime tree that had a main stem break out in high winds and a Norway maple that is extensively decayed were found to be dying and dangerous. Consequently the trees are exempt from the Order and can be felled in the interests of safety and good tree management.

4. Consent to pollard four sycamore trees was granted on the 18 June 2001, under delegated powers.

Consultations

5. The Harborough District Council Planning Officer has no comments on the felling proposals.

6. Horninghold Parish Meeting has been consulted and have commented that they are in agreement with the recommendation.

Proposals

7. The Applicant wishes to fell the two Leyland cypress trees, a Norway maple and a silver birch tree on the grounds that they are of poor form and are causing excessive shading of the neighbouring property, ‘The Thatched Cottage, ‘and of the applicant’s vegetable garden.

8. The applicant has stated that he wishes to carry out replacement tree planting with appropriate species.

9. The two Leyland cypress trees located to the southern boundary of the neighbouring property are mature and 15.0m in height. The trees have no significant faults and can be viewed from East Norton Road.

10. The Norway maple located on the western boundary is mature, 6.0m in height, has been pruned in the past to accommodate overhead wires and has pockets of decay in the bole of the tree. The tree shades the vegetable garden. The silver birch located on the western boundary is 10m in height, has been pruned in the past to accommodate overhead wires and has pockets of decay in the bole of the tree. The Norway maple and the silver birch shade the garden of the adjacent property. The trees are not visible from East Norton Road and make little contribution to the amenity value of the area.

2 D:\modernGov\Data\AgendaItemDocs\0\1\5\AI00001510\horninghold00.DOC Page 15

11. The site is well stocked with both mature and semi mature trees.

Equal Opportunities Implications

12. There are no discernible equal opportunities implications.

Conclusion

13. The two Leyland cypress trees are causing excessive shading of the adjacent property and will continue to grow to a large size which will lead to further loss of light in the property. Though the trees are visible from the highway they make little contribution to the amenity value of the area and are significantly reducing the neighbouring occupiers’ enjoyment of their property. The removal of the two trees will not reduce the public visual amenity value of the area

14. The Norway maple and the silver birch are poorly formed and have no public visual amenity value. They are shading the applicant’s vegetable garden and the garden of the adjacent property. The removal of these two trees will not reduce the public visual amenity value of the area

Recommendations

15. It is RECOMMENDED that consent is GRANTED to fell the two Leyland cypress trees, the Norway maple and the silver birch tree and that the applicant be REQUIRED to plant four replacement trees of suitable species in an appropriate location.

Reasons for Recommendations

16. The two Leyland cypress trees are reducing the neighbouring occupiers’ enjoyment of their property. The Norway maple and the silver birch are of poor form and have no public visual amenity value.

Background Papers

The background papers used in the preparation of this report are held on Planning and Transportation File No. 2001/0582/3.

Circulation Under Sensitive Issues Procedure

Mr. R.K.A. Feltham

Officers to Contact

Mr. J R Hockney Tel 0116 265 7013 Mr. A. D. Shaw Tel 0116 265 7061

3 D:\modernGov\Data\AgendaItemDocs\0\1\5\AI00001510\horninghold00.DOC Page 16 Page 17 Agenda Item 9a

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

COUNTY MATTER

MR AND MRS CART – INFILLING OF MARL PIT – CHESTNUT BARN, SHENTON LANE, UPTON (HINCKLEY AND BOSWORTH BOROUGH)

2001/0106/4 – 1st February 2001

Location of Proposed Development

1. Chestnut Barn is located at the northern end of the village of Upton just north of the junction of Upton Lane and Main Road. The A444 lies approximately half a mile to the west of the village. The marl pit at Chestnut Barn is located in the field at the back of the farmhouse.

Description of Proposal

2. The marl pit was originally created to provide building materials for the adjacent farmhouse. It has lain dormant for a number of years and is a central drainage point for the surrounding paddock which is currently used for grazing. At present there is approximately 1 metre of water in the pit which is 3 metres deep.

3. The applicant proposes to fill in the marl pit, which has a void space of 1,425m3, with inert subsoils and topsoils to its former ground levels. This would involve creating a temporary access at the north western end of the field for plant and machinery to enter the site. To create this access would necessitate the removal of approximately 3.5m of hedgerow which would be replaced after the operations have been completed.

4. The material would be brought onto the site in 12-15 cubic metre loads which would mean in the region of 95 lorry loads to complete the infilling. These lorry loads would take place over a two month period resulting in two or three loads per day (i.e. 4-6 lorry movements daily) being delivered to the site on the basis of deliveries being made five days a week.

Page 18 2 2001/0106/4 - continued

DC® BOARD 28/6/01 Page 19 3 2001/0106/4 - continued

Planning Policy

5. There are two policies in the Leicestershire Structure Plan that are relevant to this proposal. The first of these is Minerals and Waste Disposal Policy 2 which concerns environmental impact and the second is Minerals and Waste Disposal Policy 3 concerning restoration and aftercare. This policy requires restoration to an acceptable use at the earliest opportunity.

6. The draft Waste Local plan contains Policy WLP8 regarding the environmental considerations that need to be taken into account when determining an application of this type. Policy WLP19 concerns disposal of construction waste including soils and provided that a proposal of this type does not delay restoration of or divert material from existing sites and the localised need cannot otherwise be met, permission would normally be granted.

Consultations

Hinckley and Bosworth Borough Council – Planning

7. No objection.

Hinckley and Bosworth Borough Council – Environmental Health

8. No objection subject to fill material having certificates of analysis demonstrating that the material is not contaminated.

Sheepy Parish Council

9. No reply received.

Environment Agency

10. No objection

Severn Trent Water Ltd

11. No objection

Highways Authority

12. No objection subject to a condition requiring the provision of improved visibility splays at the access and that all lorries should be routed via Upton Lane, Shenton Lane and the A444.

Ecology

13. The flooded marl pit could provide a breeding habitat for great crested newts, and other amphibia. Since the great crested newt is a legally protected species we would recommend that an ecological survey be carried out in the pit, between the months of March and the end of July, prior to the start of work.

DC® BOARD 28/6/01 Page 20 4 2001/0106/4 - continued

Publicity

14. The proposal has been advertised by site notice, neighbour notification on 24th April 2001 and in the Hinckley Times on 10th May 2001 in accordance with statutory requirements.

Representations Received

15. No representations received.

Assessment of Proposals

16. This proposal has come about due to the danger that the marl pit poses to the applicant’s young children. The applicant wishes to fill in the pit in order to remove this danger.

17. The main environmental issue of this proposal concerns the lorry movements necessary for the delivery of fill material. It would involve approximately 95 lorry loads delivered over a two month period which equates to two or three loads per day, assuming a five day working week. This is not considered to be excessive and the Highway Authority has no objection.

18. The proposal also involves the creation of a temporary access which would result in the cutting of some hedgerow to allow for visibility splays. There is no ecological objection to this as the access would only be temporary and the short stretch of hedgerow involved would be replaced on completion of the operation.

19. As the pit would be returned to pasture this is considered to be an acceptable form of restoration and would comply with Minerals and Waste Disposal Policy 3.

20. It is considered that this proposal conforms to the policies in the Development Plan and is recommended for approval accordingly.

Recommendation

Permit subject to the following conditions:

1. The development hereby permitted shall be commenced within 5 years from the date of this permission. Written notification shall be given to the Director of Planning and Transportation within 7 days of commencement of the importation of materials into the site.

2. Unless otherwise agreed in writing by the Director of Planning and Transportation the importation of material shall cease no later than 2 months from the date of commencement.

3. This permission relates to the tipping of clay and inert soils only within the area shown edged red on the plan attached to and forming part of this permission.

DC® BOARD 28/6/01 Page 21 5 2001/0106/4 - continued

4. There shall be no tipping of soils or other working at the site except between the hours of 0800-1800 Mondays to Fridays, with no operations being carried out on Saturdays, Sundays or any Public or Bank Holidays.

5. The final levels and contours of the site and restoration works shall accord with the details shown on the plans forming part of Planning Application No. 2001/0106/4. The site shall be graded to prevent ponding of surface water. Restoration works shall be completed as soon as is reasonably possible following cessation of importation of materials.

6. Prior to the works commencing 2.4m x 215m visibility splays shall be provided at the access in accordance with the standards contained in the Leicestershire County Council document “Highway Requirements for Development”.

7. All vehicles associated with importation of materials shall not use any route other than the A444, Shenton Lane and Upton Lane to access the site.

Reasons

1. To comply with Section 91 of the Town and Country Planning Act 1990 and to enable the County Planning Authority to monitor the development.

2. To ensure that there is no undue delay in carrying out the development in the interests of the amenities of the area.

3. For the avoidance of doubt.

4. In the interests of the amenities of the area and to minimise the disturbance of vehicles transporting soils.

5. To accord with the terms of the application and for the avoidance of doubt.

6. In the interests of highway safety.

7. In the interests of highway safety and the amenities of the area.

Note to Applicant

Should evidence of the presence of any protected species under the Wildlife and Countryside Act 1981be detected, works shall cease and English Nature be notified.

Policies and Proposals in the Development Plan Relevant to the Decision

Leicestershire Structure Plan (1994): Minerals and Waste Disposal Policy 2 Minerals and Waste Disposal Policy 3

DC® BOARD 28/6/01 Page 22 6 2001/0106/4 - continued

Circulation Under Sensitive Issues Procedures

Mr. I. D. Ould C.C.

Officers to Contact

Mr. M.R. Hodgson (Tel. 265 7326) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC® BOARD 28/6/01 Page 23 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 Director of Property 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; DC® BOARD 28/6/01 Page 24 8 Sched. 9 para (1) : minerals discontinuance orders.

DC® BOARD 28/6/01 Page 25 Agenda Item 9b

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

SUBMISSION OF DETAILS

88/1547/3: LAFARGE AGGREGATES - REQUEST TO AMEND PHASING OF WORKING IN STAGE B OF PLANNING PERMISSION NO 88/1547/3 PREVIOUSLY APPROVED UNDER CONDITION NO. 10 - SHAWELL QUARRY, GIBBET LANE, SHAWELL (HARBOROUGH DISTRICT)

Background

1. Shawell Quarry is a sand and gravel quarry and landfill site. The County Council approved a detailed scheme of working for Stage B of Shawell Quarry at the meeting of the Planning and Recreation Subcommittee on 18 September 1997. Amongst other matters the approved scheme showed the working of Stage B in 10 consecutive phases with the last phase of working taking place in the new silt settlement area.

2. A minor amendment to the previously approved phasing was agreed by the Development Control and Highways Regulatory Board at its meeting on 12 April 2001.

Location of Proposed Development

3. Shawell Quarry is located north of Gibbet Lane to the north west of Shawell village. The area affected by the proposal lies in the central western part of the planning permission. The affected area is to the south west of the current mineral extraction and landfilling areas on the west side of the new silt settlement lagoons.

Description of Proposal

4. A request has been received from Lafarge Aggregates, the site operator, to make a further minor modification to the sequence of working at the quarry. The request has been made as a result of the presence of an existing overhead electricity line running in a north-south alignment through the middle of phases 4 and 5. Under the currently approved sequence, phase 4 to the south would be

DC® BOARD 28/6/01 Page 26 2 88/1547/3 – continued

DC®. BOARD 28/6/01 Page 27 3 88/1547/3 – continued

worked before moving into phase 5 to the north. It is now proposed to work phase 4 to the east of the electricity line then phase 5 to the east of the electricity line before working the western part of phase 5 in a southerly direction followed by the western part of phase 4.

5. Soils from phase 4 will go directly onto previously filled and capped phases of the landfill area. Topsoil from phase 5 will be placed along the western boundary to screen the bridleway as previously approved.

6. It is anticipated that phase 6 will be worked as already permitted, although some modifications may be necessary to consider in 2-3 years time when the current tenant occupiers of Cotesbach Fields Farm are relocated.

Planning Policy

7. The proposal relates to the amendment of a working scheme for an existing planning permission for sand and gravel extraction, and the only relevant policy to consider the submission against is Policy 2 "Assessment of Proposals" of the Minerals Local Plan Review 1995. In particular part (b) of this policy sets out considerations against which proposals for buildings, plant, and other forms of construction and engineering works will be assessed. These matters include visual appearance of the development, its screening, the extent to which the development will contribute to an improvement in the efficiency of mineral working, the character of the surrounding area, the design of the development and the anticipated generation of noise dust or any other nuisance.

Consultations

Harborough District Council (Planning)

8. No objection.

Harborough District Council (Environmental Health)

9. No reply received.

Cotesbach Parish Council

10. No objection.

Shawell Parish Meeting

11. No objection.

Environment Agency

12. No objection.

DC®. BOARD 28/6/01 Page 28 4 88/1547/3 – continued

Assessment of Proposals

13. The proposal has been considered against the factors set out in Policy 2 part (b) of the Minerals Local Plan. The proposal involves a very minor re-phasing of internal engineering and mineral extraction operations. The operations will mainly take place below surrounding ground levels and the visual impact beyond the site boundary will be no greater than from the existing permitted operations. Similarly noise and dust impacts will be no different to those under existing operations.

14. The proposed re-phasing has been discussed with the Quarry Liaison Committee at its meeting on 25 April 2001 and no objections were raised by members of the Committee.

Conclusion

15. It is considered that the proposed revision to the sequence of working in phases 4 and 5 of the extraction site are minor and will have no significant effect on the environmental impact of the working of the planning permission.

Recommendation

That Lafarge Aggregates be informed that the proposed amendment, set out in their letter dated 23 April 2001 and accompanying drawing, to the detailed scheme of working, restoration and landscaping previously approved by the County Council's Planning and Recreation Sub-Committee on 18 September 1997 under the terms of condition no. 10 of planning permission reference no. 88/1547/3 be APPROVED.

Background Papers

Letter from Lafarge Aggregates dated 23/04/01.

Circulation Under Sensitive Issues Procedure

Mr. Ian M. Morris C.C.

Officers to Contact

Mr. J R Wright (Tel. 265 7041) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected]

______

DC®. BOARD 28/6/01 Page 29 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 Director of Property 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:

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 28/6/01 Page 30 Page 31 Agenda Item 10a

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

JELSON LTD AND PALMER TOMKINSON TRUSTEES – MIXED USE DEVELOPMENT, LAND OFF HARROWGATE DRIVE AND LAND WEST/EAST OF A6 LOUGHBOROUGH ROAD, BIRSTALL (CHARNWOOD BOROUGH)

2000/2507/2 – Received by L.C.C. on 4th December 2000

Background

1. The County Planning Authority (CPA) has been consulted on this application to determine its views as strategic planning authority in the context of its previous representations on the Borough-wide Local Plan and relevant Government advice. These are set out in the appropriate sections below. At the same time, the County Council has been consulted on the nature of any community and infrastructure requirements that arise from the development (including roadworks and transportation issues).

2. The County Council is also consulted separately on these proposals in its capacity as County Highway Authority (CHA), and its response was determined at the Cabinet meeting on 22nd May. This is set out below in the relevant section on ‘Highway Considerations’.

3. The application was reported to the Board meeting on 8th February 2001, when it was resolved to defer making a decision on the proposal as CPA, until such time as the Cabinet had reached its conclusions on behalf of the County Council as Highway Authority. It was reported again to the Board meeting on 24th May when the Cabinet’s resolution as CHA was reported; the item was deferred to allow Members of the new Board to carry out a site inspection.

4. That site visit has been arranged for 26th June, after the current agenda papers have been distributed and before the Board meeting. Therefore, the outcome of the site meeting will be reported verbally.

Page 32 2 2000/2507/2 - continued

DC® BOARD 28/6/01 Page 33 3 2000/2507/2 - continued

5. The Borough Council’s officers are now anxious to report the proposals to an early meeting of the Council, especially as the proposals are likely to be referred to the Secretary of State for consideration. In the event of such referral, the Secretary of State will wish to be informed of the views of the CPA on the application. It is important that the CPA does not forego the opportunity to have its representations taken fully into account when the Borough Council gives consideration to the Hallam Fields development.

6. The remainder of this report is identical to the previous one, as set out in the papers of the Board meeting on 24th May. It is repeated here so that Members, including any new Members appointed to the Board, may understand fully the relevant considerations affecting a decision on the proposals.

7. The planning application is accompanied by a Master Plan, Environmental Statement (ES) and Transportation Assessment (TA). Reference is made to these documents in the relevant sections below. It is also accompanied by a supporting planning statement that deals with planning policy, the Borough Council’s development brief and historic background to the proposals.

Planning history

8. The concept of a major development on the north side of Birstall was first conceived in 1985 and has been involved in the local plan process since the early 1990’s. The site was investigated as one of numerous potential development sites within the Borough in its Technical report of 1992, along with a package of transportation facilities.

9. Officers of the Borough Council recommended that the site be included in the Consultation Draft Local Plan (February 1995), but it was deleted by Members from the list of strategic options, in favour of other locations around the Borough (e.g. Cotes new village). However, it was re-assessed (along with all other potential development sites) in September 1995 in the Borough Council’s ‘Sustainability and Impact of Major Development Options’.

10. As a consequence of this appraisal, Hallam Fields was subsequently included in the Deposit Local Plan for Charnwood as one of two strategic development sites (the other being Grange Farm – south of Loughborough). This allocation was the source of a substantial number of objections to the 1998 Local Plan Inquiry, at which detailed consideration was given to all elements of the proposed development. The outcome of these protracted considerations is reported below, together with the findings of the Inspectors, as set out in their report.

Description of Proposal

11. The application site is located immediately to the north of the built-up area of Birstall and either side of the A6 Loughborough Road. It is about 6.5Km north of Leicester City Centre and 11.5Km south of Loughborough centre. Birstall is a predominately residential settlement straddling the A6, separated from Beaumont Leys to the west and Thurmaston to the east by ‘tongues’ of open land in the respective green wedges between these settlements.

DC® BOARD 28/6/01 Page 34 4 2000/2507/2 - continued

12. The site is close to the grade-separated junction of the A6 and A46 Leicester Western Bypass, which runs immediately to the north side. The small village of Wanlip lies to the north-east, just off the Western Bypass. On the opposite (east) side of the A6 is the campus of Longlade Community College and Stonehill High School. The remaining land to the north and east is in agricultural use.

13. There are two distinct areas to the application site, separated by the A6 trunk road. That part to the west of the A6 amounts to 71.5ha of agricultural land, whilst the area to the east represents 9.3ha also in agricultural use. The larger area has a broad dome towards the northern end, that falls away to the west boundary (Great Central Railway and Breech Spinney) and south, where it borders onto residential properties in Harrowgate Drive.

14. The smaller site to the east of the A6 slopes down from north to south, at which point it adjoins the open playing fields of the Schools. Ice House Spinney is set on higher land to the east. There is a public footpath/bridleway (J52) running to the north of the site and linking to Wanlip Lane in the east.

15. The proposed development is submitted in outline form and relates to the following development on the west side of the A6:

(i) 900 new dwellings on 27ha of the site, at an average net density of 33.3 dwellings/ha (but ranging from 20-65 dwellings/ha); (ii) 6ha of business park for up to a maximum of 24,000 sq. m. of office and industrial development (Use Classes B1 and B2); (iii) a Fire Station and associated works on 0.65ha of land; (iv) a local centre for retail, services and community facilities on about 1ha of land; (v) a 0.7ha site reserved on the west side of the development proposal for a new primary school and recreation building; (vi) provision of public open space and recreation playing fields, mainly to the west of the site; (vii) a new overbridge for pedestrians and cyclists crossing the A6; (viii) two vehicular access roads onto the A6 trunk road, joined by a loop ‘spine’ road within the development; (ix) internal spine roads, highway and infrastructure works, including structural landscaping; and (x) the demolition of no. 57 Harrowgate Drive to create a pedestrian and cycle link to the existing development.

16. The land on the east side of the A6 is proposed as a new ‘park and ride’ facility for up to 1000 cars (including the provision of landscaping, lighting, shelters and structural landscaping). A new access road would be provided from the A6 dual carriageway, and pedestrian/cycleway links with Wanlip Road/Rectory Lane to the east.

17. The Master Plan submitted with this application will be displayed at the board meeting. It identifies the general distribution of the various elements of the scheme across the two sites. This will be displayed at the Board meeting. All matters of detail are reserved for subsequent approval, except for the details of new means of access arrangements onto the A6 trunk road.

DC® BOARD 28/6/01 Page 35 5 2000/2507/2 - continued

Design Concept

18. The key principles for this major development proposal (known as ‘Hallam Fields’) were established at an early stage and remaining substantially unchanged. It is intended to produce a mixed-use development of both residential and employment development together with associated community uses. The aim is to provide a sustainable form of development that will integrate with the existing settlement at Birstall.

19. The proposal incorporates a package for transportation facilities that should encourage transport choice along the radial route between Leicester and Loughborough. This is based on the objective of increased public transport use, rather than increased road capacity.

20. The overriding pattern of uses across the site seeks to maintain and enhance the Green Wedge to the west and focus built development on the east side of the main development area. This major development proposal is based on high quality urban design and optimum density of development. Given the scale of the development and the policy context, it is proposed that a significant proportion will be carried out beyond the current Structure Plan period (2006).

Phasing

21. Inevitably, it is intended that this major development be carried out over a number of years. It is anticipated that the development will last for some 10-11 years, divided into 11 detailed stages according to the submitted documents. In general terms, about 600 houses would be built in the current Plan period to 2006 and the remaining 300 after that date. Similarly with the proposed employment uses, about 4ha would be developed before 2006 and the remaining 2ha after that date.

22. The rate of house building within the site might vary throughout the phases from 50-150 per year, throughout the various phases of development. The expected (approximate) phasing of other elements of the scheme are as follows:

• Phase 1: construction of southerly access to west of A6 and residential development in south-east corner of site; structural landscaping to early phases of development and park and ride facility;

• Phase 2: commencement of park and ride facility with 535 car parking spaces (the remaining 465 spaces to be the responsibility of the Highways Authority); structural landscaping along north boundary of main site and within the central ‘walkway into the site. The second access onto the A6 to be provided with associated residential development.

• Phase 3: commence provision of bus lanes along A6 corridor; fire station site available for development;

• Phase 4: possible provision of primary school and associated recreation facilities;

DC® BOARD 28/6/01 Page 36 6

2000/2507/2 - continued

• Phase 5: commencement of employment development in north-east corner of the site;

• Phases 6-8: localised landscaping and structural planting in advance on northern side in advance of forthcoming development

• Phase 8: public open and recreational facilities on west side of site, adjacent to the Green Wedge;

• Phase 9-11: final areas for residential development towards north of site.

Planning Policy

National Policy Guidance

23. 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. The relative advantages and disadvantages of various development options should be properly considered in a comprehensive manner through the Local Plan process. It sets out the Government’s advice on prematurity and provides that development proposals should not be determined in advance of the formal local plan process, unless it would not prejudice the likely intentions of the plan.

24. Major developments should be in locations well served by public transport and be properly integrated, in terms of land use and design, with the surrounding area. There is emphasis on the provision of mixed used developments. Development proposals should make provision for trips by alternative means of transport, including foot and cycle journeys. The guidance also emphasises the value of good design, as a means of improving the quality of the environment and benefiting the public good.

25. General advice on industry and commerce encourages the definition of suitable locations through the development plan process, including sites that contribute to the regeneration of urban areas and are compatible with sustainable objectives.

26. With respect to housing development, the development plan should identify an adequate and continuous supply of land to meet future requirements, including provision for a mixture and range of housing types. Again, the emphasis is on maximising the re-use of land within urban areas, where public transport and other facilities are readily available.

27. PPG3 (Housing) has recently been revised (2000) and sets out the Government’s intention to provide for the housing needs of the whole community, including those in need of affordable or special homes, through greater choice. It is intended that existing towns and cities be the focus for new housing development. Priority should be given to the re-use of previously-developed land within these areas, in preference to greenfield sites.

DC® BOARD 28/6/01 Page 37 7 2000/2507/2 - continued

28. The guidance promotes more sustainable patterns of development, accessible by alternative means of transport and linked to community facilities and services. It also emphasises the importance of good design, balanced/mixed housing areas and mixed-use developments. Housing densities which makes inefficient use of land should be avoided (i.e. less than 30 dwellings/ha), and more intensive housing development should be achieved along public transport corridors.

29. A sufficient and continuous supply of housing land should be provided to meet housing requirements, delivered through the development plan system. The latest PPG on Housing introduces a ‘sequential’ approach to the allocation of new housing land, based on an assessment of the housing capacity of existing urban areas. It identifies a number of sustainable criteria against which to assess the suitability of housing sites (e.g. location and access to jobs/services and public transport facilities).

30. PPG4 (Industrial and Commercial Development and Small Firms) emphasises the need to accommodate the locational demands of business uses. Economic development should be encouraged, especially in locations which minimise the length and number of trips by motor vehicles. Employment and residential areas should be well related to each other.

31. PPG 13 (Transport) was published in March 2001 and sets out the Government’s intentions to secure an integrated land use-transportation policy that reduces the growth in use of the private car and encourages alternative means of transport.

32. Circular 1/97 contains the Government’s advice on the planning obligations and the relevance of developer contributions arising from development proposals. Developers are expected to meet the cost of infrastructure and community facilities arising from new developments, but these must be directly related to the proposal in question. They can be used to overcome a genuine shortfall is provision, if the development would otherwise be acceptable in planning policy terms, but cannot be taken to overcome proper planning objections.

Regional Planning Guidance

33. RPG8 (dated 1994) sets out the regional guidance for development in the East Midlands and applies the general principles for sustainable development in national guidance. Most new development should be directed to locations in and adjoining existing built-up areas and the fullest use should be made of vacant and underused (brown) urban land in preference to greenfield sites.

34. Draft Regional Planning Guidance to replace RPG8 was the subject of an Examination in Public in Summer 2000. The Secretary of State published his Proposed Changes in March 2001, inviting comments by 15th June 2001. The draft Guidance sets out the overall intention to achieve sustainable forms of development, where the location of most development (including offices and employment uses) should be determined through a sequential approach. It provides for such an approach being adopted in development plans, based on

DC® BOARD 28/6/01 Page 38 8 2000/2507/2 - continued

priorities for development within/adjoining major urban centres, then other urban locations where there are opportunities for alternative choices of transport.

Strategic Policy Considerations

35. The approved Structure Plan for Leicestershire sets out the overall strategy for development in the County between 1991 - 2006. Strategy Policy 1 sets out the overall intentions for development and provides that (inter alia):

• most new development is located where a realistic choice of transport is or will be available; • a continuous supply of housing land is available to meet the needs of the County; • development is carried out at as a high a density as appropriate; • a mix and balance of housing and compatible employment uses be provided in each locality; and • where possible, the loss of best quality agricultural land be avoided.

36. Strategy Policies 2 and 3 provide that major new development should be allocated within and adjoining urban areas and in locations which offer a choice of transport along specified corridors. In the Borough area, this includes sites adjoining the urban area of Leicester, along the Leicester-Loughborough (Ivanhoe) railway line, and the A6 Leicester-Loughborough public transport corridor.

37. Strategy Policy 5 states that major new housing and employment development should meet most or all of the requirements and/or costs for infrastructure arising from the development (e.g. public services, public transport, off site works and community facilities). Contributions will be expected from developers towards these costs.

38. Environment Policy 1 states that measures will be taken to maintain and improve the built environment, including steps to ensure a high quality of design and landscaping. Other Environment Policies of the Plan seek to protect features of ecological and archaeological interest. In the latter case, Environment Policy 2 provides that planning permission will not normally be granted without proper evaluation of the archaeological implications of proposed development.

39. Transport Policy 4 states that planning permission will not be granted for development if it leads to traffic generation which will have an adverse effect on the road system or highway safety, or has unacceptable environmental consequences. A transportation assessment (TA) has been prepared by the developer and is still under consideration by the Highway Authority.

40. Transport Policy 7 makes provision for the improvement of bus services in connection with new development proposals. Major development is expected to incorporate accessibility to appropriate bus facilities. Transport Policy 9 requires provision of adequate, convenient and safe pedestrian and cycling facilities within new developments, with segregated routes linking residential areas with community facilities and the countryside.

DC® BOARD 28/6/01 Page 39 9 2000/2507/2 - continued

41. Leisure Policy 4 deals with public rights of way and access to the countryside. It includes provision for securing appropriate, improved access to the countryside, where opportunities arise from development schemes. It also supports the creation of new recreational routes for walkers, cyclists and horse riders.

Housing Provision

42. Housing Policy 1 provides for about 8350 now dwellings to be built in Charnwood Borough between 1991-2006, of which some 5230 dwellings were either built or committed for development as at March 1999. The Borough Council’s Local Plan allocates land for additional housing development to meet the outstanding need up to 2006, in accordance with the locational requirements of Housing Policy 2 (i.e. principally within Loughborough, Shepshed, settlements adjoining the Leicester urban area and along transport choice corridors.)

43. Housing Policy 5 states that development will normally be at as high a density as is compatible with the nature of a particular site and its setting. Average densities should reflect the growing needs of households requiring smaller dwelling

44. Housing Policy 6 requires that major developments should offer a range of and mix of housing types and make provision for access housing, again including the growing need for households requiring smaller dwellings.

Employment Provision

45. Employment Policy 1 makes provision for 95ha of additional employment land in Charnwood Borough during the Plan period. Once again, this growth is to be concentrated within Loughborough, Shepshed, settlements adjoining the Leicester urban area and along transport choice corridors, in accordance with Employment Policy 2. As at March 1997, 87ha of such land had been built or committed for development, and a further 18ha is allocated in the Draft Local Plan.

Local Plan considerations

46. The Draft Local Plan for Charnwood was placed on deposit in June 1996 and was the subject of an extensive public inquiry (Spring - Summer 1998). In response to objections and in advance of the public inquiry, the Borough Council published its Proposed Changes and Proposed Further Changes to the Plan. The Inspectors’ report was received in June 2000 and is currently under consideration.

47. The application site is allocated for large scale development comprising new housing, employment, community facilities, school and playing fields, fire station, site access and park and ride facilities [Policies H/1(r) and E/5(g)]. The housing allocation provides for the erection of 600 dwellings during the period up to 2006, on a net area of 27ha at an average density of 22 dwellings/ha. It forms a significant proportion of the overall housing requirement in the Local Plan, set out in Policy H/1 (as amended).

DC® BOARD 28/6/01 Page 40 10

2000/2507/2 - continued

48. The Inspectors’ report deals specifically with the Hallam Fields housing allocation and the numerous objections to this particular proposal (2750 individual representations and several statutory bodies/interest groups). They also dealt with other elements of the overall development scheme under the individual policies concerns, namely the 4ha business park (Policy E/5g); the new local centre (Policy CA/13); the fire station (Policy CF/8); and the park and ride facility (Policy TR/25).

49. The Inspectors concluded that the site clearly conforms to the locational criteria of the Structure Plan and contributes to urban concentration adjacent to ‘Greater Leicester’. The development conforms to Government policy because it is capable of delivering an integrated transport choice option; provides a mixed use; is well related to jobs and services in Greater Leicester; and can assist in the delivery of improved public transport facilities.

50. They also concluded that the development can deliver and promote transport choice along the only bus-based corridor in the Structure Plan, at levels of service to meet strategic requirements. Dealing with the County Council’s representations on traffic flows, they found no reasonable grounds for objection on traffic grounds, based on the delivery and achievability of the proposed package of transportation measures. The proposed park and ride facility is identified as an extremely beneficial element of the overall scheme.

51. The report finds that, in support of representations from the CHA and Highways Agency, the proposed park and ride facility would be better located to the east side of the A6. Although the CPA made representations to the Inquiry against such amendment, on the ground of intrusion into the landscape, the were not sustained by the Inspectors’ findings. The Inspectors did not find grounds for objection on the basis of new road junctions or road layouts in the scheme.

52. Although the site contains significant amounts of Grade 2 and 3a agricultural land, there is no objection from MAFF to the proposals in the context of the Borough-wide strategy. The Inspectors’ report determined that the visual impact of the development, including the relocated park and ride scheme, can be mitigated by landscape proposals and that the more sensitive landscape areas will be safeguarded within the overall scheme. It also discounts any likely coalescence of settlements arising from the development.

53. The Inspectors support the provision for a new school and local centre within the allocated site, subject in the former case to negotiations between the developer and the Education Authority. The inclusion of employment land within the scheme is supported, in the context of national and strategic policies for mixed use developments.

54. Similarly, the report accepts the benefits of improved pedestrian and cyclist networks in the locality. There is an accepted need for the new fire station, which would be best located close to the ‘industrial’ elements of the scheme.

DC® BOARD 28/6/01 Page 41 11 2000/2507/2 - continued

55. The Inspectors support the allocation of the site for mixed use development, subject to various proposed changes to the Deposit Local Plan, of which there are no less than 10 in number. On the issue of developer contributions arising from the development, the report accepts that off-site provision can be secured on land within the applicant’s ownership.

56. The Inspectors accept that provision of a ‘commercially viable park and ride scheme’ is acceptable, together with necessary provision of recreational and community facilities, all in the context of Circular 1/97. These provisions and other measures to secure transport choice are considered essential to the scheme, if it is to be acceptable. A certain number of these provisions can be secured by planning conditions, rather than legal agreement.

57. Subject to various minor changes in the wording of the relevant Policy H/1r, the Inspectors support the inclusion of the policy within the Local Plan, for development of approximately 600 dwellings; employment development; associated community; and open space facilities, subject to:

• a phased programme of works for the various components of the scheme and associated infrastructure; • provision of a structural landscape setting and distribution of uses; • satisfactory access provision onto the A6 and new local distributor road; • segregated cyclist and pedestrian links to facilities outside the site; • provision of a 1ha site for establishment of a local centre; • provision of additional education facilities by negotiation with the Education and Planning Authorities;

58. In association with the proposed employment development, it is necessary to carry out the package of off-site transportation works, including junction improvements; dedicated bus routes; improved bus services; and traffic management measures. It is also required that the park and ride facility be provided on the east side of the A6 and a range of new sports and recreation facilities be fulfilled.

59. In addition, the Borough Council will seek to negotiate reasonably related contributions towards:

• a cycle route alongside the Great Central railway; • a new rail halt on the line; • improved public access and landscaping north of Stonehill High School; • establishment of a commercially viable public transport service penetrating the site; • additional parking and environmental improvements at the village centre (Sibson Road); and • establishment of a commercially viable park and ride operation.

Housing Need

60. The delay in release of draft local plan allocations (pending adoption) raises the question of housing land supply for the next 5 year period from March 1999.

DC® BOARD 28/6/01 Page 42 12

2000/2507/2 - continued

Based on commitments alone the Borough Council estimates that there would be approximately 2.1 years supply. Allowing for reasonable contributions from draft allocations, the Borough Council considers the figure might rise to a 3.5 years supply. In the meantime, the prospective adoption of the Local Plan should resolve any ‘shortfall’ in the 5 year housing supply.

61. In supporting the majority of housing allocations in the Deposit Plan, the local plan Inspectors conclude that sufficient land will be provided to meet strategic housing requirements. They recommend inclusion of a ‘flexibility allowance’ of +10% (400 dwellings) in a total outstanding requirement of 3230 (March 1997– March 2006). The revised total includes increased densities in some cases and some sites released from the E/8 protection policy (i.e. former employment land for which redevelopment has been approved for residential purposes).

Housing density

62. In the context of national and strategic policies, it is intended that new housing developments should achieve appropriate high densities of development. PPG3 now encourages higher densities to make more efficient use of land (between 30-50 dwellings/ha). Whilst the latest version of PPG3 was not published at the time of the Inspectors’ report into Draft Local Plan, its intentions were anticipated.

63. The scheme considered at the Inquiry was for 600 dwellings on 27ha (net), producing some 22 dwellings/ha. Both the developer and Charnwood BC stressed the possibility of a higher density being achieved on the site, if it was considered appropriate. The Inspectors concluded that such possibility could be fulfilled, if it did not compromise the structural landscape concept.

64. However, they considered that it would be unwise to rely on higher densities than previously intended at Hallam Fields, as they may not be achieved within the Plan period (2006). Further detailed analysis between the applicants and the Borough Council has identified the potential for 900 dwellings on the site without the need to detract from the overriding landscape principles.

65. Therefore, the submitted scheme makes provision for a total of 900 dwellings at a net density of 33.3dwellings/ha. In so doing, it provides for a variety of house types and densities across the site, with a resulting mixed residential scheme. Development. This represents a progression from the scheme considered at the Local Plan inquiry.

Review of the Development Plan

66. The Draft Replacement Structure Plan (1996-2016) was placed on deposit in May 2000 and the resulting representations are currently under consideration. The overall strategy of the Plan (as set out in Strategy Policy 1) seeks to promote a sustainable form of development through by integrating land use and transportation, to reduce the need to travel or use the private car.

DC® BOARD 28/6/01 Page 43 13 2000/2507/2 - continued

67. The locational policies of the Plan (Strategy Policies 2A and 2B) provide for the vast majority of new development to be concentrated within and adjoining the main urban areas. A sequential approach is set out, whereby priority is given to development in and around the urban centres, and then other urban locations well served by alternative forms of transport.

68. Other policies in the emerging (Replacement) Structure Plan provide guidance for major development proposals, including criteria for development on strategic greenfield sites (Strategy Policy 4); the relationship to the Transport System (Strategy Policy 5); mixed use developments (Strategy Policy 10); and good design (Strategy Policy 11). The Draft policy for the density of future housing development seeks to provide for a minimum of 30 dwellings/ha within a development of this type and location.

69. The Deposit Plan provides for some 10,300 new dwellings in Charnwood Borough during the Plan period, of which some 5450 are committed for development in the current Structure Plan period to 2006. It is estimated that a further 3100 dwellings can be provided through existing ‘urban capacity’, with an outstanding requirement for 1750 dwellings (52ha) on ‘greenfield’ sites in the remaining period to 2016. Of this requirement, about half the greenfield housing land is allocated to Central Leicestershire (25ha).

70. These calculations of future housing land requirements in the Replacement Plan period to 2016 assume that some 670 homes will be built within the completed Hallam Fields development, partly as ‘commitments’ to the current Plan period (2006) and partly as ‘capacity’ in allocated sites thereafter. In other words, without the development of the application site, the projected housing requirements for Chanwood Borough up to 2016 would depend on alternative greenfield allocations for almost 700 homes.

71. The Replacement Plan also provides for some 206ha of employment land within Charnwood Borough between 1996-2016, of which 106ha is already committed for development. A balance of 100ha of employment land is required in the plan period, including 30ha within Central Leicestershire. Once again, these figures incorporate the Hallam Fields proposals as a contribution towards the existing ‘commitments’ in the Plan period.

Central Leicestershire Local Transport Plan

72. The Local Transport Plan (LTP) has been prepared jointly by the County and City Councils and was submitted to Government Office (East Midlands) in July 2000; it relies heavily on the earlier transportation strategy (CALTRANS) undertaken by consultants for the two authorities. The LTP covers the period 2000-2005 and forms the joint bid to improve local transport in Central Leicestershire, based on the successful transport package that had been prepared previously under the Transport Policies and Plan (TPP) system.

73. Birstall is included in the LTP and the transportation measures included with the Hallam Fields development are outlined in the bid. The provision of a park and ride facility along the A6 corridor and in the vicinity of Birstall, together with bus priority measures along this route, forms an integral part of the LTP.

DC® BOARD 28/6/01 Page 44 14 2000/2507/2 - continued

Environmental Impacts

74. The Environmental Statement that accompanies the two applications deals with the various environmental impacts arising from the development and intended means of mitigation. Whilst these are largely matters for the Borough Council to take into account, they do have some implications for strategic policies. The findings of the assessment are summarised below

75. Transportation: The Transportation Assessment (TA) prepared separately for this development is summarised in the ES. It deals with issues of community severance, modes of travel, accidents and safety, junction capacities and disruption during construction works. The findings will be examined in detail by the CHA. The report concludes that:

• there is adequate capacity on the A6 itself to deal with predicted flows within the design year (2012), but mitigation is required to improve capacity at the junctions with Greengate Lane and Red Hill Circle; • the development has the potential to increase volumes of traffic on the A6 (north of Greengate Lane) by 20% in the peak periods. Two additional (light controlled) junctions will be introduced onto the A6; • the internal layout of the development will encourage walking and cycling, with links within and beyond the development itself; • additional public transport links will be provided within and adjacent to the site; • the new park and ride facility, together with new bus priority measures on the highway network, provides the opportunity to reduce the overall impact of traffic on the A6 corridor, with direct bus link to the City Centre.

76. Social and Economic Element: The development will increase the population of Birstall from 11,840 to approximately 14,000 (18% increase) and provide an estimated 900 jobs. Provision is made within the development for community uses to serve the wider population. Improved pedestrian and cycleway facilities should improve communications. The principal impact will be visual intrusion, and - to a lesser degree – noise and air quality. The proposal incorporates mitigation measures to deal with these impacts.

77. Air Quality: There are no significant changes in air quality arising from the development proposals. Dust levels will increase during construction works (including the construction of bus lanes towards Red Hill roundabout), but only for a temporary period and by insignificant levels. Predicted changes to local air quality arising from road traffic show negligible adverse impact.

78. Noise: Construction works will have a slight impact on the existing population for a short period, whilst operations take place nearest to residential properties in Harrowgate Drive. Post-development on-site noise will be minimal. Vibration levels will not be increased by any significant level, especially as development moves away from existing properties.

79. There should be no adverse impacts on Soils and Geology and there are no signs of contamination. On the matter of Hydrology, it will be necessary balance surface water into local watercourses, because of lack of capacity in the local sewerage system. The overall impact on water quality is low.

DC® BOARD 28/6/01 Page 45 15 2000/2507/2 - continued

80. Landscape and Visual impacts: The site is open and rural in character and the development will have an urbanising effect. However, measures are proposed within the design and layout to reduce the visual impact, by retaining the most important landscape features and avoiding areas of higher landscape quality. Substantial new planting will take place and the landscape structure established at an early stage. A detailed lighting strategy means that the impact would be well below defined limits.

81. Ecology: The loss of intensive arable and improved grassland is not significant in nature conservation terms. Existing spinneys will be retained, although most hedgerows and some ditches will be lost across the site. Mitigation measures will include new planted habitats and additional pond habitat. No specially protected species of birds are present, but the nesting season will be avoided for construction works. Badgers are present and will be disturbed, so it is intended to relocate activity to a nearby sett. There is no significant impact on foraging bats and the impact on greater crested newts is, as yet, unknown.

82. Archaeology: The Environmental Assessment identifies archaeological potential on the site, especially to the east of the A6. A project brief for further evaluation of the site has been prepared in accordance with the requirements of the Head of Museums (Archaeology Officer). This will be followed by a programme of agreed mitigation measures before development commences.

Highway Considerations

83. The Cabinet is giving consideration to the proposals in its capacity as the County Highways Authority at the Meeting on 22nd May 2001. The recommendations are that Charnwood Borough Council be informed that:

a) The County Council is concerned about the impact arising from the increased level of development traffic, but does not wish to raise a fundamental objection provided that the following measures and contributions to transport infrastructure can be satisfactorily secured:-

(i) a financial contribution to appropriate traffic calming measures on Greengate Lane. The precise nature of the traffic calming measures will need to be the subject of further investigation;

(ii) improvements to Greengate Lane junction as generally illustrated in Appendix 2;

(iii) improvements to the A6/A46 junction as required by the Highways Agency;

(iv) access arrangements to the development site and the park-and-ride site as generally illustrated in Appendix 3;

(v) the provision of a 500 space park-ride facility with provision for expansion for a further 1000 spaces;

(vi) a financial contribution to ensure the establishment of a commercially viable park-ride service; DC® BOARD 28/6/01 Page 46 16

2000/2507/2 - continued

(vii) improvements to pedestrian and cycle facilities as generally identified in the Applicant’s Transport Assessment;

(viii) the provision of bus lanes along the A6 as generally identified in the Applicant’s Transport Assessment. The precise extent and detailed design of these bus priority lanes will need to be the subject of further work and consultation;

(ix) a financial contribution to provide additional bus lanes as generally proposed at the Local Plan stage; and

(x) a financial contribution to ensure the establishment of commercially viable bus services to penetrate the development site.

b) If the Borough Council is minded to approve the application, then the County Council would wish to be involved in the preparation of a Section 106 Agreement and formulation of appropriate conditions relating to the contributions and works set out in a) above to ensure that the following issues are properly addressed:

(i) the detailed design of the park and ride site and off-site highway and traffic management measures meet the County Council’s specifications and requirements;

(ii) the phasing of the proposed transport infrastructure is reasonable; and

(iii) the appropriate level of funding/provision of bus services to secure their early implementation.

84. The outcome of the Cabinet’s decision as Highway’s Authority will be reported verbally to the Board.

Assessment of Proposals

85. In locational terms, the development proposals accord with the general locational policies for new development of national, regional, and strategic policy objectives. These seek to direct the majority of new development to existing built-up areas, where a choice of transport is available. The site is generally well served by public transport and offers opportunities for travel by foot and cycle. The Local Plan Inspectors have confirmed this situation in their detailed assessment of the proposals.

86. The proposal also meets policy objectives towards providing mixed use development, with a range of housing types. The actual distribution of such uses across the site (as set out in the Master Plan) might be amended to achieve a less ‘zonal’ approach to the development.

87. The development involves significant ‘greenfield’ development, rather than the preferred re-use of vacant, ‘brown’ land. Notwithstanding the introduction of the ‘sequential’ test for new housing allocations in revised PPG3 and the emerging Structure Plan, the loss of greenfield land is unavoidable, if the strategic housing DC® BOARD 28/6/01 Page 47 17 2000/2507/2 - continued

requirements for Charnwood Borough are to be fulfilled. The whole issue of preferred housing allocations has now been thoroughly examined through the Local Plan process.

88. Given the advanced stage of the Draft Local Plan and the Inspectors’ findings on the Hallam Fields development, the development it not considered to be premature. Subject to the various changes to the Deposit Plan – Policy H/(r) – the development should proceed.

89. The submitted application provides for a substantial increase in the number of dwellings on the site, from 600 to 900, as a consequence of an increase in the net density of development from 22 dwellings/ha to over 30 dwellings/ha.. The increased density of development is to be welcomed in the context of latest Government guidance (PPG3) and existing and emerging Structure Plan policies. It also assists in securing a wider range of housing types , including ‘social’ housing provision within the development.

90. The increased number of dwellings will make a valuable contribution towards the requirements for new housing land in the emerging Structure plan to 2016. An allowance of about 70 additional dwellings (over the 600) has already been made under calculations of ‘urban capacity’. If this figure is enhanced to 300 dwellings, without compromising the structural setting of the site, it will reduce the need for additional greenfield housing sites in Charnwood Borough in the future ‘round’ of allocations. It might amount to the equivalent of 8ha of such land.

91. It is essential that the infrastructure and community facilities arising from this major development be secured by appropriate developer contributions. The Inspectors confirm the acceptability, and indeed requisite nature, of such contributions. Various requirements are the subject of the revised Local Plan Policy H/1(r) – see paras 54-55 above, whilst others are identified as subject to negotiation.

92. The requirement for various County Council service facilities has been identified through separate consultation procedures on developer contributions. Some of these (such as additional education facilities, the proposed park and ride facility and off-site transportation measures) are included as essential to the development. Service departments have identified requirements for the provision of library, social service and civic amenity facilities, that will be the subject of negotiation with the applicants and should be ‘flagged up’ in the response to the Borough Council.

93. Officers have also identified a number of detailed representations on the submitted proposals, dealing with such matters as landscape management, ecological management scheme, archaeological investigation, and landscape proposal. Whilst these issues affect certain Strategic policy objectives, they are matters of detail that can be forwarded to the Borough Council for further consideration.

94. However, it is considered that enhancements to the pedestrian, cyclist and horse- riders network in the locality can be pursued under the provisions of Leisure Policy 4. As this is a large scale proposal, there is scope to secure amendments

DC® BOARD 28/6/01 Page 48 18 2000/2507/2 - continued

and additional, valid improvements to the facilities in the area, as set out in detailed comments to the Borough Council. They will no doubt also be the subject of further negotiation between the parties.

95. In the circumstances, the Regulatory Board is advised to reach its views on the application as strategic planning authority (CPA), in accordance with the recommendation set out below. That recommendation includes provision [at point (i)] to endorse the requirements of the CHA on transportation matters arising from the development. The wording of this paragraph should be altered to reflect the fact that the Cabinet might well have reached its decision on the 22nd May.

Recommendation

Charnwood Borough Council be advised that the County Planning Authority has no strategic objections to the proposals, in the context of national policy guidance, approved Structure Plan policies, the Deposit Local Plan and the Inspectors’ report on the local plan inquiry. The proposed development would provide for a significant proportion of strategic housing requirements in the Borough Council area up to 2006.

The CPA’s support for the development is subject to the following requirements being secured through appropriate legal agreement, conditions and negotiation with the developer/applicants:-

(i) provision of a package of on-site and off-site transportation measures, details of which have yet to be confirmed by the County Highways Authority, to support the development. Such measures should be made available in accordance with a phased programme of provision, also to be agreed between the Borough Council and the County Highways Authority.

(ii) no more than 600 dwellings being occupied before the end of the current Plan period, to be provided in accordance with a phased programme of development, co-ordinated to the provision of infrastructure and community facilities;

(iii) delivery of a mixed housing development, including appropriate levels of affordable and social housing provision, being secured within the development;

(iv) an overall average net density of at least 30 dwellings/ha being secured across the development site, through the approval and monitoring of subsequent detailed proposals;

(v) developer contributions being secured towards the provision of community facilities and infrastructure requirements arising from the development. The scale and phasing of such contributions is to be negotiated through the master plan and secured by the prior completion of a legal agreement with the developer. The County Council seeks the continued opportunity to be involved in negotiations and the terms of the legal agreement.

DC® BOARD 28/6/01 Page 49 19 2000/2507/2 - continued

(vi) In the context of Leisure Policy 4 of the Structure Plan, and the scale of the proposed development, it is considered that additional improvements should be secured to pedestrian, cyclist and equestrian network in the wider locality. Details of recommended facilities are set out in the attached documentation, for further consideration and negotiation with the developer/applicants.

Note to Borough Council

Detailed comments on the assessment of the submitted landscape provisions within the development are enclosed for your information and further consideration.

Circulation Under Sensitive Issues Procedures

Mr. R. M. Wilson C.C. Mr. P. C. Osborne C.C.

Officers to Contact

Mr. C.J. Noakes (Tel: 265 7053) Mr. J. R. Hockney (Tel: 265 7013) E-Mail: [email protected] ______

DC® BOARD 28/6/01 Page 50 20

DC® BOARD 28/6/01 Page 51 21

DC® BOARD 28/6/01 Page 52 22

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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:

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 28/6/01 Page 53 Agenda Item 10b

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE DIRECTOR OF PLANNING AND TRANSPORTATION

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

BRANDVIK KINTON LTD – CONVERSION OF HALL INTO 12 APARTMENTS WITH PORCH EXTENSION, CONSTRUCTION OF NEW GARAGES, EXTENSION TO COTTAGE, DEMOLITION OF POST-WAR OFFICE BLOCK/WORKSHOP BUILDINGS, DEMOLITION AND REDEVELOPMENT OF EXISTING STABLE BLOCK TO CREATE 5 DWELLINGS, ERECTION OF 28 NEW DWELLINGS WITHIN REBUILT WALLED GARDEN AREA AND RESTORATION OF THE HISTORIC LANDSCAPE, COLEORTON HALL, ASHBY ROAD, COLEORTON (NORTH WEST LEICESTERSHIRE DISTRICT)

2001/0201/7 – Received by L.C.C. on 3rd May 2001

Background

1. This application was reported to the last meeting of the Regulatory Board on 24th May 2001, when it was resolved to defer consideration of the proposals, so that a site meeting could take place. In view of the intervening County Council elections and subsequent appointment of the Board, it has not been possible to make the necessary arrangements for the site meeting since the last meeting.

2. In view of the urgency for submitting the representations of the County Planning Authority on this application to the Secretary of State, this item is resubmitted to the present meeting of the Board for further consideration.

3. A copy of the report to the last meeting is attached as an Appendix. This sets out in full the relevant background; planning history; policy matters and other considerations, together with the recommendation on the application.

Circulation Under Sensitive Issues Procedures

Mr. N. J. Rushton CC

Officers to Contact

Mr. C.J. Noakes (Tel: 265 7053) Mr. J. R. Hockney (Tel: 265 7013) E-Mail: [email protected] Page 54 2 APPENDIX

DEVELOPMENT CONTROL AND HIGHWAYS REGULATORY BOARD

24TH MAY 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

BRANDVIK KINTON LTD – CONVERSION OF HALL INTO 12 APARTMENTS WITH PORCH EXTENSION, CONSTRUCTION OF NEW GARAGES, EXTENSION TO COTTTAGE, DEMOLITION OF POST-WAR OFFICE BLOCK/WORKSHOP BUILDINGS, DEMOLITION AND REDEVELOPMENT OF EXISTING STABLE BLOCK TO CREATE 5 DWELLINGS, ERECTION OF 28 NEW DWELLINGS WITHIN REBUILT WALLED GARDEN AREA AND RESTORATION OF THE HISTORIC LANDSCAPE, COLEORTON HALL, ASHBY ROAD, COLEORTON (NORTH WEST LEICESTERSHIRE DISTRICT)

2001/0201/7 – Received by L.C.C. on 3rd May 2001

Background

1. North West Leicestershire District Council has forwarded this particular application to the Secretary of State under the ‘departure’ procedures, following a resolution that it is minded to grant consent for the development. However, the Government Office for the East Midlands (GOEM) has requested that the District Council should consult the County Planning Authority (CPA) on the proposal for its formal views, in the context of strategic planning policies for the area.

2. There is a complex history and evolution of development proposals on this site, which has resulted in the submission of the current application and the subsequent resolution of the District Council to support it. These matters are dealt with below, together with the prior involvement of the CPA in the development. In the meantime, there are outstanding appeals against the non- determination of earlier applications lodged with the Secretary of State, which are being held in abeyance pending the outcome of the current application.

3. The District Council has already granted listed building consent for a concurrent application that relates to those elements of the scheme requiring such consent (ref. no 2001/0200/7). As these works involve alterations to a Grade II* listed building, the Secretary of State was notified of the application, but has indicated that he does not wish to intervene in that particular decision.

Existing Situation

4. The application site is located in open countryside on the north side of the A512 (Loughborough-Ashby) road, approximately 1km west of Coleorton village and 4km from the built-up limits of Thringstone. The buildings on site are described

DC&H REG. BOARD 28/06/2001 Page 55 3 2001/0201/7 – continued

DC&H REG. BOARD 28/06/2001 Page 56 4 2001/0201/7 – continued

below, but a previous walled kitchen garden on the north-west side has been used as a playing field. Vehicular access is directly onto the A512 in the south- west corner, via a long sweeping driveway. It was established as the only access to the site when this stretch of the Class 1 road was re-aligned in the early 1990’s.

5. As a Grade II* listed building, Coleorton Hall is one of the more important historic buildings in the County. It was built between 1804-1808 for Sir George Beaumont and altered in 1862. The Hall is built of tooled ashlar with Tudor and gothic detailing, with important interior features, including a full height, central polygonal hall and gallery above. It is set within a 20 ha. Pleasure Ground, much of which was designated as a conservation area in 1991. The surrounding parkland landscape is listed Grade II* on the Register of Parks and Gardens of Special Interest.

6. Coleorton Hall stands alongside the parish church in an elevated position in the landscape, and much of the site is well wooded as a protected (woodland) tree preservation order. Within the grounds, there are a number of Grade II listed structures, reflecting the site’s literary and artistic associations (e.g. busts and monuments). The adjacent Grade II* listed church of St. Mary and Winter Garden to The Cedars are not included in the application site.

7. Other buildings within the grounds of Coleorton Hall benefit from the ‘listed’ status by reason of being within the curtilage of the Hall. These include a former Georgian stable block, brewhouse and game store (to the north side), Edwardian summerhouse (north-east) and some cottages built between 1883-1921 in the Arts and Crafts style. More modern buildings also exist in the grounds include the post-war office block and workshop constructed by the National Coal Board to the north of the Hall and large area of associated car parking on the east side of this block. These were erected during the Coal Board’s occupation of the premises as regional headquarters between 1948 and the early 1990’s.

8. Coleorton Hall and its grounds were purchased by the current applicants in November 1997 and have remained vacant and unused since that date. Prior to that date the premises were marketed for use as offices, hotel, residential institute, single dwelling, or non-residential institutional use. The new owners have sought to obtain planning permissions and listed building consents for residential developments.

Planning History

9. In January 1999, the owners submitted a planning application (ref. no 99/0008/7) for the following development:

(i) conversion of the Hall into 15 apartments, including internal alterations and partitions; (ii) demolition of the modern office block/workshop and records office and removal of the car parking areas; (iii) erection of garage block and enclosed parking areas to the north of the Hall; (iv) substantial demolition and rebuilding of the stable block to form 5 dwellings;

DC&H REG. BOARD 28/06/2001 Page 57 5 2001/0201/7 – continued

(v) rebuilding of the walled garden and erection of 16 dwellings within; (vi) erection of 6 dwellings to the north of the walled garden; (vii) erection of one pair of semi-detached houses in the woodland to the north of the Hall, on the site of a former farmhouse; (viii) reinstatement of the original drive, with repairs to a Grade II listed stone bridge; and (ix) restoration of the historic landscape, in accordance with a detailed plan.

10. The application was accompanied by a financial appraisal and historic landscape survey and restoration plan. An associated application for listed building consent was submitted at the time, indicating the alterations to listed buildings on the site. At the time of these original proposals by Brandvik Kinton Ltd, the CPA resolved to object to the scheme. It was considered that significant new residential development does not accord with the strategic policies for this rural location and that it would have an adverse impact on the character and appearance of the historic buildings and landscape. There did not appear to be any special justification for setting aside these policy objections and it was considered that any development of the application site should be limited to an appropriate re- use of the main Hall and redevelopment of existing buildings.

11. The applicants lodged an appeal against the non-determination of the applications in April 1999, resulting in a seven-day public inquiry in September of that year, during which the proposal was revised to provide for 12 apartments (not 15 as originally submitted) in the Hall. The Secretary of State dismissed the appeals in November 1999, in accordance with his Inspector’s report.

12. However, the Inspector had concluded that demolition of the post-war offices and restoration of the historic landscape would represent a major enhancement. He also found that, in securing the ‘historic assets’ within the site, certain residential elements of the scheme were acceptable. These included conversion of the Hall to 12 apartments, rebuilding of the stable block to form dwellings and erection of extensions to the former Brewhouse.

13. In dismissing the appeals, the Secretary of State concluded that the above advantages were outweighed by the disadvantages of an over-intensive scheme on the character of the listed building. He also agreed with his Inspector that the level of ‘enabling development’ exceeded the minimum necessary to secure the future of the ‘heritage assets’ on the site.

14. A revised application was submitted by Brandvik Kinton Ltd in February 2000 (ref. no. 2000/0153/7), which sought consent for the following development:

(i) conversion of the Hall into 12 apartments with small porch extension; (ii) demolition of the former records office to the north-east; (iii) conversion of the modern office block/workshop into 17 dwellings; (iv) demolition and rebuilding of the stable block to form 5 dwellings; (v) extensions to the former cottage/brewhouse and erection of a block of garages attached to the extension.

DC&H REG. BOARD 28/06/2001 Page 58 6 2001/0201/7 – continued

15. An associated application for listed building consent was submitted (ref. no. 2000/0154/7). Both applications were appealed on grounds of non- determination. Subsequently, the District Council indicated that it would have been minded to support the proposals as according with the findings of the earlier appeal decision, subject to an agreement to provide for the maintenance of the ‘heritage asset’ on site. The appellants were invited to resubmit the proposals, along with the required undertaking.

16. New applications were submitted in July 2000 (ref. no. 2000/0633 and 0635/7) and related essentially to the previously agreed scheme, except for revisions to the internal alterations to the Hall that had been agreed with English Heritage and officers of the District Council. The District Council resolved to approve the applications and, following the Secretary of State’s indication that he did not wish to ‘call in’ the proposals, consent was granted in October 2000.

17. In the meantime, a fresh application had been submitted (ref. no. 2000/0773/7) in August 2000 for an almost identical proposal to the original 1999 application, except that it omitted reference to the pair of semi-detached dwellings (see para. 8 above). It was accompanied by a financial appraisal that identified a shortfall of £2.1m to achieve the repair, restoration and maintenance of the historic buildings and grounds at Coleorton Hall. The ‘enabling development’ of new dwellings on the site would address this shortfall and secure the ‘historic assets’.

18. A concurrent application for listed building consent was submitted under ref. no. 2000/0774/7 and, once again, the applicants appealed against the non- determination of the applications in November 2000. In response, the District Council resolved in January 2001 that it would have been minded to refuse the proposal, because the new dwellings would detract from the setting of the Coleorton Hall and the character and appearance of the conservation area/historic park. It was considered that the applicants had failed to demonstrate that the ‘enabling development’ represented the minimum necessary to secure the future of the ‘historic asset’.

19. District Council officers were authorised to negotiate with the applicant/agents to achieve a scheme that represents the minimum ‘enabling development’ and which comprised a scheme for the erection of dwellings wholly within the rebuilt walled garden enclosure. In other words, there was recognition that the financial shortfall required some new residential development and that the previous Inspector/Secretary of State’s decision identified the walled garden as the most appropriate location for such development, should it be proven necessary.

20. The outstanding appeals were due to be heard at a public inquiry commencing 24th April 2001, but have now been held in abeyance pending the outcome of the latest applications. Meanwhile, substantive discussions have taken place between the District Council, its own financial advisors and the agents for Brandvik Kinton, resulting in the current applications. Listed building consent has been granted already, as explained in para. 3 above.

DC&H REG. BOARD 28/06/2001 Page 59 7 2001/0201/7 – continued

Description of Proposal

21. The current application provides for various elements of earlier schemes on the site, namely:

(i) conversion of the Hall into 12 apartments and erection of a small porch; (ii) demolition of the modern office block/workshop and records office and removal of the car parking areas; (iii) erection of garage block and enclosed parking areas to the north of the Hall; (iv) demolition and rebuilding of the stable block to form 5 dwellings; (v) rebuilding of the walled garden in its original location and erection of 28 dwellings within the enclosure; (vi) reinstatement of the original drive, with repairs to a Grade II listed stone bridge; and (vii) restoration of the historic landscape, in accordance with a detailed plan.

22. The proposed new houses would have pyramidal roofs with a maximum height of 8.5m, unconnected to the wall of the garden (itself 3.8m high). Each property would have a double garage attached, possibly in a continuous block of 4 garages. An earlier element of the scheme provided for a maintenance workshop on compound on the outside of the walled garden, but this has been eliminated because of concerns from the Garden History Society.

23. The financial appraisal that accompanies the scheme now identifies a shortfall of £2.8m to secure the ‘historic asset’ of the overall site. This amended figure includes an allowance for the net residual value of the post war office/workshop building, which it is intended to demolish, based on the earlier consent no. 2000/0663/7 for conversion to residential units.

24. The accompanying submissions explain that the value of the ‘enabling development’ has been increased to £2.8m to encompass the latest guidance of English Heritage on such matters, as set out in its Policy Statement and Draft Practical Guide for Assessment. The 28 new dwellings will provide a total floorspace of 5,768 sq. m. (excluding garages), at 206 sq. m. each. A full financial and service charge statement is submitted with the application, as previously agreed by the District Council’s advisors.

25. The proposed restoration works within the ground of Coleorton Hall include the following:

(i) reinstatement of the wooded setting of the historic buildings; (ii) reinstatement of the original approach to the Hall (iii) restore the historic drives and forecourt to the Hall; (iv) reinstatement of the central focal hub of the path system; (v) enhancement of the Grove and Woodland Gardens to the east of the Hall; (vi) partially restoration of the Rose Garden; (vii) reinstatement of the pinetum to the west of the stables; (viii) enhancement of the woodland around the walled garden; (ix) clearing of paths through Stable Woods; and (x) restoring the character of the parkland to the east of the Hall;

DC&H REG. BOARD 28/06/2001 Page 60 8 2001/0201/7 – continued

Planning Policy

National Policy Guidance

26. 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 forms of sustainable developments to meet future development requirements.

27. The Government’s guidance for the countryside is set out in PPG7 (1997), which stresses the need to protect the countryside for its own sake. It also emphasises the objectives for sustainable development in rural areas, through the operation of a plan-led system. In regard to new housing in the countryside, away from established settlements or allocated sites, this should be strictly controlled.

28. PPG 13 (Transport) was very recently revised in April 2001 and sets out the Government’s intentions to secure an integrated land use-transportation policy that reduces the growth in use of the private car and encourages alternative means of transport. It reflects the general objectives of the earlier (1994) version of the guidance, in that development is to be concentrates in and around those locations that offer choice of transport mode.

29. PPG15 was issued in 1994 and sets out the Government’s intentions for ‘Planning and the Historic Environment’. It provides comprehensive advice on the controls for the protection of historic buildings, conservation areas and other aspects of the historic environment. The guidance reiterates the role of the planning system in reconciling the need for development with protection and enhancement of the environment.

30. There are aspects of the guidance that are particularly relevant to the current proposals, including the importance of the setting of listed buildings. Change of use can often be the key to the successful preservation of such buildings by keeping it in active and viable use, especially if carried out in a sympathetic manner. It is a duty of local planning authorities to have special regard to the desirability of preserving the character and setting of listed buildings.

Strategic Policy Considerations

31. The approved Structure Plan for Leicestershire sets out the overall strategy for development in the County between 1991 - 2006. Strategy Policy 1 sets out the overall intentions for development and provides that (inter alia):

• The environment will be conserved and, where possible, enhanced; • most new development is located where a realistic choice of transport is or will be available; and • built development in the countryside is minimised.

DC&H REG. BOARD 28/06/2001 Page 61 9 2001/0201/7 – continued

32. Strategy Policy 4 states that built development in the countryside (i.e. beyond the existing and planned development limits of settlements) will not normally be appropriate, particularly if it would have a significant adverse effect on the appearance and character of the landscape. However, provision is made for the re-use and adaption of existing buildings in the countryside.

33. Environment Policy 2 promotes measures to identify, protect, preserve and enhance sites and buildings of historic, architectural and archaeological importance. Development proposals on or adjacent to these sites will be considered against the need to ensure their preservation. Other Environment policies set out the general strategic intentions to protect and enhance sites of ecological significance (Environment Policy 7) and safeguard against the loss or damage to woodlands, (Environment Policy 10).

34. Housing Policy 1 identifies a requirement for 5800 new dwellings within North West Leicestershire District between 1991-2006, for which significantly more dwellings are already built or committed for development as at March 1998. For the most part, these new dwellings are provided in the urban areas of Coalville and Ashby and the defined transport choice corridor along the Ivanhoe Railway Line, in accordance with the requirements of Housing Policy 2.

35. Transport Policy 4 provides that development should not be allowed where it would give rise to unacceptable environmental circumstances, or where the local or wider road network cannot accommodate the traffic generated by such development.

36. The application site is within the National forest and Environment policy 12 states that, within the rural parts of this area, development wihich facilitates its use as a woodland resource normally will be permitted.

Local Plan considerations

37. The Draft Local Plan for North West Leicestershire was placed on deposit in February 1995 and was the subject of an extensive public inquiry (Autumn 1996 – Spring 1997). The County Planning Authority made no representations to the inquiry in regard to the policies for development relating to Coleorton Hall. The Inspector’s report was published in November 1998 and the District Council has considered its responses to his findings.

38. The application site is subject to a specific Policy J7 (as proposed to be modified), which deals with the redevelopment of Coleorton Hall, given its status as a listed building within landscaped grounds of recognised importance. The Plan accepts the continued use of the Hall as a prestigious office complex, but also identifies certain alternative uses as acceptable, namely: hotel (Class C1); residential institution (Class C2); single dwelling house (Class C3); or non- residential institution (Class D1).

39. Redevelopment of the ‘inappropriate’ office buildings adjoining the Hall will be permitted, provided that any replacement building is:

• occupied and used for a single purpose which is subordinate and ancillary to the use of the Hall itself; DC&H REG. BOARD 28/06/2001 Page 62 10 2001/0201/7 – continued

• is of a very high architectural quality; and • does not detract from the character of the Hall or its grounds.

Policy J7 specifically excludes development elsewhere in the grounds of Coleorton Hall.

40. The application site is subject to other policies in the Local Plan, which seek to control the nature and form of development within the designated conservation area and those relating to protection of listed buildings and their setting (Policies E10-E16). Policy E18 relates to development within the historic garden and seeks to prevent development that would adversely affect the character, appearance or setting of the grounds.

Other material considerations

41. English Heritage issues its Policy Statement in June 1999 as a means of amplifying and reinforcing guidance in PPG15 (Planning and the Historic Environment) and PPG16 (Archaeology). It subsequently published a consultation draft document ‘Proposals for Enabling Development Affecting Heritage Assets’, which provides further practical guidance.

42. The 1999 Statement provides a general presumption against ‘enabling development’ that does not meet all of the following criteria:

(i) It does not detract from the archaeological, architectural, historic or landscape interests of the ‘asset’, or materially harm its setting; (ii) The proposal avoids detrimental fragmentation or management of the heritage asset; (iii) It will secure the long term future of the heritage asset, and where applicable, its continued use for a sympathetic purpose; (iv) The problem arises from the inherent needs of the heritage asset, rather than the circumstances of the present owner or the purchase price paid; (v) Financial assistance is not available from any other source; (vi) It is demonstrated that the need for the enabling development is the minimum necessary to secure the future of the heritage asset, and that its form minimises dis-benefits; and (vii) The value or benefit of the survival or enhancement of the heritage asset outweighs the long-term dis-benefits of providing the enabling development.

43. The consultation draft document of September 2000 that deals with practical advice on assessing the enabling development is relevant to the current application. It updates the criteria for calculating the appropriate level of enabling development to include the market value of existing assets on the site. In effect, this has changed the basis on which the total shortfall of funds at the Coleorton site is reached; the ‘heritage asset’ now includes the value of the planning permission already granted (ref. no. 2000/0663/7) for the conversion of the post- war office block/workshop to residential units (i.e. an additional shortfall of £0.7m to be realised through the enabling development).

DC&H REG. BOARD 28/06/2001 Page 63 11 2001/0201/7 – continued

Highway Considerations

44. There is no objection in principle to the proposed development, subject to all vehicles using the existing western access to the site.

Assessment of the Proposals

45. The assessment of the current proposals must be set in the context of previous planning decisions affecting the site, especially the Secretary of State’s appeal decision in 1999 and his Inspector’s conclusions on which it was based. That decision establishes the suitability of residential development as a means of securing the ‘heritage asset’, so long as it can be shown that such development represents the minimum necessary to secure appropriate funds. It also established that, if new residential development is deemed necessary, then the reinstated walled garden is the most appropriate location for such development.

46. In the context of the policies affecting this site, speculative residential development would not normally be allowed. However, it is necessary to take account of the overriding circumstances of the important heritage value of the property and its grounds. These justify special consideration.

47. It is the objective of Draft Local Plan Policy J7 to secure an appropriate, economically viable alternative use that would respect the character and appearance of the Hall and its parkland setting. This does not include residential development, but there is no objection in principle to such use. The CPA objected previously to the scale and form of new build involved in the scheme – which is essentially retained in the current proposal – but has not been involved in the decision making process thereafter.

48. Since that time, the position has changed by intervening events. In essense, the matter to be decided is the value of the heritage asset and the necessity for ‘enabling development’ to secure that asset without offsetting the advantages to the Hall and grounds by other dis-benefits. The District Council’s own financial advisors have agreed that a value of £2.8m can be placed on the asset and that the proposed development represents a reasonable amount of enabling development to secure such value.

49. Previous detailed criticisms of the new residential development – such as the design of the houses, height of the walled garden and location of new houses outside the wall - have now been eliminated from the scheme. Some elements of the current scheme have already been approved by the District Council under ref no. 2000/0663/7. These include the conversion of the Hall to 12 apartments; the rebuilding of the stable block; and extension to the brewhouse.

50. In the circumstances, it is considered that the current proposal is acceptable, on the understanding that adequate steps are taken to secure the long term maintenance of the buildings and historic landscape. The applicants have submitted a management (service charge) plan and draft legal agreement to form the basis of a future maintenance scheme for the restored landscape.

DC&H REG. BOARD 28/06/2001 Page 64 12 2001/0201/7 – continued

Recommendations

North West Leicestershire District Council be advised that the County Planning Authority has no strategic objection to the proposed development, in the context of the previous decisions made on this site and the overriding objective to secure the long term future of Coleorton Hall and its parkland setting.

The District Council should be satisfied that the proposals for new dwellings on the site represent the minimum level of ‘enabling development’ to secure the heritage asset, including the revocation of unimplemented consents for additional developments on the site. An appropriate legal agreement should be completed to secure the restoration and future long-term maintenance of the Hall, its associated structures and the historic gardens.

Circulation Under Sensitive Issues Procedures

Major S. Southworth MM CC

Officers to Contact

Mr. C.J. Noakes (Tel: 265 7053) Mr. L. J. Wojtulewicz (Tel: 265 7040) E-Mail: [email protected] ______

DC&H REG. BOARD 28/06/2001 Page 65 13

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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:

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&H REG. BOARD 28/06/2001 Page 66 Page 67 Agenda Item 11a

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – EXTENSION TO SCHOOL TO PROVIDE SIX CLASSROOMS, GLAZED CANOPY LINK, ACTIVITY ROOM, OFFICES AND ANCILLARY ACCOMMODATION AND ADDITIONAL PLAY AREA AT COSBY PRIMARY SCHOOL, PORTLAND STREET, COSBY (BLABY DISTRICT)

2001/0324/01 – 24th April 2001

Planning History

1. Members may recall approving a proposal under reference 2000/0578/01 at the meeting of the Board held in September 2000, relating to the construction of a two-classroom block on the playground on the southern side of the school buildings. This new building would replace a demountable building, which would subsequently be demolished. This building will no longer go ahead since it has been overtaken by the decision to amalgamate the school annexe with the main school by constructing a larger extension – the subject of this application.

Description of Proposal

2. It is proposed to provide additional accommodation for the school by constructing a free-standing extension on the site of the playground. The primary school is currently located on two separate sites, the annexe being located on Croft Road, where there are 60 children and 3 teachers. The extension would enable the whole school to be brought together on one site with an accommodation capacity for around 300 pupils. There would be a total of 13 members of teaching staff plus the head teacher.

3. The single storey extension would be located on one of the existing hard play areas. It would accommodate six additional classrooms, a library, activity room, offices for head teacher and staff and other ancillary accommodation. The school site is adjoined by residential development to the north. The rear of the nearest houses would be 21.5m from the proposed extension. Two trees would be lost as a result of the development, a silver birch and a rowan tree. Part of the existing play area on the north side of the extension will be retained and fenced off for use by younger children. Page 68 2 2001/0324/01 – continued

DC®. BOARD 28/6/01 Page 69 3

2001/0324/01 – continued

4. The amended plan indicates that the building would measure 30m x 21.5m with a height to the ridgeline of 5.5m. The extension would be constructed of clay terracotta blocks with a pitched roof constructed of slate grey decra stratos tiles. There would be a 600mm deep fascia below the eaves clad in an iron grey plastic coated metal sheet. There would be light tubes within the roofline to provide natural daylight within the building.

5. A glazed canopied corridor would serve as a link between the new extension and the existing school building.

6. The existing hard play area to the south of the existing school buildings would be extended by a distance varying between 0.5m and 3.5m. It is also intended to provide a fenced ball court in the vicinity of the playing field, which will be the subject of a separate application, to make good the hard play area lost to the new extension. The existing double mobile classroom will be removed on completion of work and seven visitor car spaces will be provided in this location. There is already a car park with 17 car spaces for use by school staff. The demountable classroom on the southern play area will also be demolished, thus releasing land which can be used for hard play.

7. The Blaby District Local Plan indicates that within or near the school site there may be a potential area of unstable or contaminated land.

Consultations

Blaby District Council – Environmental Health

8. The Environmental Health Officer recommends that the Environment Agency is consulted, but considers that the buildings will not be at risk from migrating landfill gas.

No specific precautionary measures will therefore be necessary, unless the Environment Agency does not concur with this view.

Director of Museums – Archaeological Section

9. No comment.

Severn Trent Water Ltd

10. No comment.

Environment Agency

11. The Agency has no objections, in principle, to the proposed development but recommends that if planning permission is granted the following planning conditions are imposed:

The rate of discharge of surface water must not be increased above that which would emanate from the site in its present condition.

DC®. BOARD 28/6/01 Page 70 4 2001/0324/01 – continued

The surface water drainage system must be designed to maximise the recharge of local groundwater.

There must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.

The site located at 85B Narborough Road, Cosby NGR SP 547957 lies adjacent to the proposed development and is suspected to have accepted domestic wastes in the early 1950’s. Any operations at this site would have ceased prior to the implementation of licensing under the Control of Pollution Act 1974 and as such the Environment Agency has only limited details. Gas monitoring was carried out in May 1993 by Leicestershire County Council, which showed no detectable levels of landfill gas.

The site known as ‘Team Textiles and Country Clothing’ Hosiery Units, off Narborough Road lies approximately 75 metres from the site of the proposed development. The site was never subject to a Waste Disposal Licence and as such it is reasonable to assume that the site was infilled prior to the Control of Pollution Act 1974. As such the Environment Agency has only limited details. It is not known what wastes were deposited at this site. A basic spike survey carried out in May 19993 on the site found no detectable presence of methane gas and insignificant quantities of carbon dioxide.

The risk of landfill gas affecting the above development is considered to be remote.

12. Replies awaited from

Cosby Parish Council Blaby District Council - Planning

Publicity

13. The proposal has been advertised locally by site notices on 25th April 2001 and by letter to nearby residents.

14. Representations have been received from 5 households objecting to the proposal. One group of residents (3 households) is concerned about the effect of the proposal on their properties in Manor Road, the other group (2 households) about the traffic generated by the proposal and parking congestion on nearby streets.

The concern about effect on property is based on the following grounds:- (Acting Director’s Note on the issues raised is indicated in brackets).

1. There is a large ash tree at the rear of the gardens fronting Manor Road on the boundary between houses numbered 26 and 28. The occupiers of

DC®. BOARD 28/6/01 Page 71 5

2001/0324/01 – continued

number 28 understand that the root zone of the tree extends to the rear of the property and that consequently it is assumed that they would extend the same distance into the school site. If this is the case the tree may be destabilised or adversely affected by its roots being cut and disturbed by the foundations or overhanging branches being pruned for the extension. If the tree is lost then the shading and amenity benefit of the tree is also lost to the residents. The building would further diminish light to the properties. There may be safety issues for residents and pupils from falling branches.

(The ash tree is an overmature specimen and had been pruned in the past but has now reformed a substantial spreading crown of 14mx15m. The tree height is estimated to be over 22m and its crown overhangs the school playground. The tree may have a further useful life of up to 50 years subject to no significant weaknesses or decay being found in the main stems and branches, although some pruning work will be required. The tree is not protected by a Tree Preservation Order but contributes significantly to the visual amenity of the area. The proposal to construct a classroom in close proximity to the tree is likely to involve the digging of substantial footings to provide stable foundations on clay soil close to a mature tree. The British Standard 5837:1991 - Trees in relation to Construction, states that construction work should not be undertaken within a minimum distance of 12m from a tree of this size and overmaturity. The Standard states that it is acceptable for construction works to occur closer than the minimum distance by up to one third on one side of the tree only. In conclusion it would appear that in this case the development could be undertaken at a minimum distance of 8m from the tree without contravening the guidelines. It should be noted that at its closest the building would be 8.8m from the nearest face of the bole of the tree.

The nearest wall of the extension is 21.5m from the rear wall of the nearest house. It is single storey with a very low pitch roof of 12° and is sufficiently far away from the nearest houses not to cause a loss of light. It should be borne in mind that the intervening ash tree at the rear of 26 and 28 Manor Road will have the greatest effect of loss of light in these premises.)

2. The introduction of the building would interrupt the open view enjoyed by the resident below the branches of the tree. The building would dominate the outlook and affect enjoyment of garden.

(It should be noted that there are fences and sheds at the rear of the properties 26 and 28 Manor Road, which are about 5’6” in height, which currently obscure views of the school site at ground floor level. The ash tree has low branches, which, especially during the summer months, will further obscure views of the school site, over the fence. The property at 23 Manor Road has a small tree and greenhouse, which also obscure views of the school site.)

3. One resident has made suggestions about alternative locations for the building. These are shown at locations A,B,C shown on the plan.

DC®. BOARD 28/6/01 Page 72 6

2001/0324/01 – continued

(Site A is particularly constrained with no easy means of access for construction purposes. It should be noted that the access to the school via the cul de sac from Narborough Road is a private road and may not be available to the school to bring in construction traffic. It would cause severe disruption for the school during construction work. Site B. The occupiers of 44 Portland Street objected to the standing of a mobile classroom at the end of their garden. They would no doubt object to a larger building which would be in closer proximity to their bungalow. This option would lead to the blocking of the main access road to the school and the loss of the staff car parking area. An alternative route for the vehicular access would need to be found, especially to ensure emergency vehicle access. Site C would involve children in excessive distances to travel on foot from one block to the next. It would have a more detrimental effect on the surrounding properties, including the bungalows fronting Portland Street, than in the current position.)

4. There would be an increase in traffic in Manor Road as a result of traffic congestion in Portland Road. More pedestrians would use the alley way between houses numbered 20 and 22 Manor Road.

(Adequate car parking provision will be made within the school boundary for staff and ordinary visitors. It is accepted that there may be an increase in parents’ cars at school peak times but this has to be off set against less traffic crossing the village as a whole since parents with children at both the annexe and main school would no longer have to call at both premises. The school will be encouraged to put a travel plan in place which should help to reduce journeys to the school by car.)

5. The gardens and rear of properties would become more vulnerable to intruders. The openness of the site at present makes intruders easily observed and therefore discouraged.

(The Education Department is not aware that the site attracts intruders at the moment. The installation of discrete PIR security lights would act as a deterrent if necessary. It is not the Education Departments’ experience elsewhere in the County that such problems have occurred as a result of new development of this nature. It should be noted that the school bungalow is occupied by the school’s premises officer.)

6. The proposal would lead to a devaluation in residential property.

(Valuation of a property is a function of a number of variables. An attractively designed and landscaped school should not be detrimental to that valuation.)

7. The disruption caused by the building work (especially if in the summer) would prevent enjoyment of gardens and introduce dust and debris into the garden.

DC®. BOARD 28/6/01 Page 73 7 2001/0324/01 – continued

(The building work will take 6 months to complete. Consequently, it could only occur over one summer. Hours of construction will be controlled by conditions allowing residents to enjoy their gardens in the evening, weekends and Public Holidays. The village of Cosby as a whole will benefit as a consequence of the construction of the school.)

8. Drains should be provided to prevent water run-off causing flooding of the garden ditch.

(Drainage will be improved in that the roof run off will be directed to the existing storm sewer and with the planting area proposed the permeable area will be reduced.)

9. The proposed increase in capacity at the school will exacerbate the existing large amount of school traffic in nearby streets.

(See response to item 4 above.)

10. At peak school times cars are parked in Portland Street, often obstructing drives, making it difficult for residents to maintain access to their properties. Parking may lead to difficulties for emergency vehicles. Cars belonging to visitors or helpers at the school, who park on the road add to the problem. As do those involved in evening activities.

(See response to item 4 above.)

Policy Considerations

15. The Development Plan in this instance is made up of the Leicestershire Structure Plan and adopted Blaby Local Plan (1999). This proposal is subject to the policies in the adopted Blaby District Local Plan (1999).

16. The site of the application is located in a primarily residential area indicated in the Local Plan. Consequently, Policy R2 is relevant to this proposal as it suggests that non-residential development in a designated Primarily Residential Area will be acceptable provided that it meets criteria set out in Policy R1, does not adversely affect the appearance or character of the area, avoids unsatisfactory layout, design or external appearance, does not result in over development of the site due to scale and mass and does not have an adverse effect on the amenities of occupiers of nearby properties.

17. The Environment Agency has advised that the School site lies within 250m of two closed landfill sites. However, the risk of landfill gas affecting the proposed development is considered to be remote.

18. Policy M3 of the Local Plan refers to contaminated land:-

“Planning permission will only be granted for development deemed to be at perceptible risk from land contamination where the District Council is satisfied that the proposed development can be undertaken safely.

DC®. BOARD 28/6/01 Page 74 8

2001/0324/01 – continued

A full site investigation will need to accompany planning applications for development in most circumstances where it is known or strongly suspected that a site is affected by contamination to an extent which would adversely affect the proposed development. This investigation should identify the level of contamination and any remedial measures required to deal with the hazards.”

19. The Government’s advice and guidance concerning development on contaminated land is contained in PPG23 ‘Planning and Pollution Control.’ A full site investigation will only be requested prior to the determination of a planning application where there is good reason to suppose that the land in question is actually contaminated. As part of this investigation developers will, where appropriate, be required to consider the potential impact on water resources and early discussion with the Environment Agency is advised. In cases of slight or suspected contamination, consent may be given without the need for a full site investigation prior to the determination of the application provided measures to protect the development from contamination are identified and implemented to the satisfaction of the Council before construction commences.

20. The assessment of the significance of the contamination and of the associated risks requires careful professional judgement. It is therefore recommended that the local planning authority should obtain advice from relevant experts in other local authority departments or outside consultants, and consult with the pollution control authorities when considering applications to develop contaminated or potentially contaminated sites.

21. In this instance the Environmental Health Officer of Blaby District Council has been consulted on the proposal and the potential effect that the closed landfill sites may have upon it. He has commented that, although the school is located within 250 metres of a landfill site, the actual distance from the site results in a remote risk being posed to the proposed development. Consequently, it is not considered necessary to carry out a full site investigation or require any specific precautionary works to be carried out.

22. Policy T2 states that: Planning permission for development involving concentrated public activity will only be granted if suitable lay-by provision is made to facilitate public transport use and for the picking up and setting down of passengers from private vehicles. Planning permission may be subject to a planning condition that this facility is provided.

23. Policy T6 states that: Planning permission will not be granted for development unless off street parking provision is made for the vehicles of employees, residents and visitors viz in this instance: 1 carspace for teachers and 3 additional spaces.

Highway Considerations

24. The Highway Authority continues to have concerns regarding a likely increase in vehicular traffic to/from the school in Portland Street in view of the existing road and traffic conditions in the area.

DC®. BOARD 28/6/01 Page 75 9 2001/0324/01 – continued

25. It is likely that the development if permitted would introduce additional vehicular trips to the site, as there is to be a significant increase in the number of children accommodated. Such an increase would not be in the best interests of safety of road users. It is acknowledged however that, on the basis of the detail supplied by the Education Department, the closure of the Nursery/Infant Croft Road annex would result in a significant decrease in pedestrian and vehicular traffic between it and the school in Portland Street.

26. Although the development could result in a worsening of the situation at the Portland Street premises for short periods at school starting and finishing times, in the context of the overall impact on the wider road network, the disbenefits are likely to be small and there could even be a benefit due to reduced movement between the two premises.

27. Consequently, it is considered that the Highway Authority would not be in a position to sustain a recommendation for refusal especially as the school will continue to encourage parents to use modes other than private transport when accompanying their children to/from school.

28. Because of the prevailing road and traffic conditions in the vicinity of the school, notwithstanding the requirement for car-borne trips to/from the school to be kept to a minimum, because of the projected increase in staffing levels at the premises, the following condition should be imposed in any permission the Planning Authority may issue: -

Before the development hereby permitted is first used, 2 additional car parking spaces shall be made within the application site to the satisfaction of the Local Planning Authority. The parking area shall be surfaced, marked out prior to the development being brought into use and shall be so maintained at all times.

29. It is acknowledged that the school does, and will continue to, encourage parents to use modes other than private transport when accompanying their children to/from the school but if the Planning Authority consider the opportunity should be taken to formalise that activity in terms of a requirement under the new Planning Policy Guidance (PPG13), the Highway Authority would not disagree.

30. The height and size of the building would be in keeping with the surrounding area and buildings. The building would be accessible to people with mobility restrictions that are attending the college since ramped access would be provided to the entrance doors.

31. Consequently, if it is required by the Planning Authority that the school submit for approval a Travel Plan, it should seek to limit vehicular traffic to/from the premises. A suitable condition, possibly along the lines of the following may be appropriate: -

Before first use of the development hereby permitted, the School shall submit and have approved by the Planning Authority a Travel Plan that seeks to ensure that no material increase in vehicular traffic to and from the premises will result as a consequence of the development.

DC®. BOARD 28/6/01 Page 76 10 2001/0324/01 – continued

Assessment of the Proposal

32. The proposal needs to be assessed against the relevant policies of the Local Plan.

33. Although the Local Plan indicates that the site of the school may be affected by a potential area of unstable or contaminated land, advice from the Environmental Health Officer of the District Council and the Environment Agency suggests that the risk of landfill gas affecting the proposed development is considered to be remote. Consequently it is not considered necessary to carry out a full site investigation or require any specific precautionary works to be carried out.

34. In terms of the proposal itself, it will be constructed of a building material, terracotta in colour, which will match the colouring of nearby residential properties. The roof will be constructed in a material, which will be slate grey in colour with terracotta ridge and hip tiles. The building itself will be single storey with a low roof with a pitch of 12° in order to minimise the effect of the proposal on nearby residents. There is a large ash tree in the gardens to the north of the site. Together with the 5’6” high fencing and sheds at the rear of the gardens, it is considered that the tree, especially in the summer months when the tree is in leaf, will obscure the extension from the view of the residents. Although it will lead to the loss of two trees on the site these will be replaced as part of the scheme to landscape the proposal. The building will be positioned at a distance away from the ash tree such as to meet the guidelines set out in the British Standard for the construction of buildings in close proximity of trees. A management programme will be put in place to protect the ash tree during construction.

35. The building will be located 21.5m away from the rear wall of the nearest house. No windows will be located on the northern elevation of the extension which would overlook the houses in Manor Road. The extension and associated play area would be constructed on the existing school playground where there is already a high level of activity associated with the school.

36. Additional car parking will be made available for staff and daily visitor use. It is, however, impossible to create a lay-by in the vicinity of the school since there is insufficient land to provide this. It is acknowledged that the proposal may lead to an increase in parental cars calling at the site during peak school hours. However, this needs to be balanced against an overall decline in traffic crossing the village of Cosby at the current time taking children to different school sites. Once the annexe is combined with the main school there will be no need for parents with children currently at both sites to make a journey to the annexe.

37. There is clearly local concern that the consequence of extending the school will lead to a worsening of the traffic situation at the start and end of the school day which is already perceived by the residents as being locally unacceptable. This is a problem that is common to many schools in the County. Primary schools are located close (normally within walking distance) to the population that they propose to serve. This inevitably means that they will be located in residential areas and as such it has to be accepted that the benefits that this brings has to be weighed against any disbenefits that might arise. In planning terms the built

DC®. BOARD 28/6/01 Page 77 11

2001/0324/01 – continued

form of the school is acceptable and staff car parking will be provided on the site. There are clear educational benefits in rationalising the school on one site. Balanced against that is the congestion that is created at the site twice a day for relatively short periods of time. The only sustainable answer is to reduce the number of car journeys to the school and one way of doing that is to make the occupation of the school contingent on the implementation of a School Travel Plan and it is recommended that a condition be imposed to that effect. This will involve the preparation of initiatives to reduce the number of car journeys to the school. It is expected that these measures will go some way to reducing traffic congestion such that the proposal will not generate traffic flow which will create any further adverse affect on the existing road network.

38. On balance it is considered that the benefits to the village of Cosby outweigh the disbenefits of extending the school at this location and the proposal is recommended for approval accordingly.

39. The impact of the proposed development on the amenities of nearby residents needs to be taken into account as a material consideration. Article 8 of the Human Rights Act 1998 suggests that the environmental impact of a planning decision on neighbouring property brings into play the right for respect for home, privacy and family life. The concerns of the residents have been set out in the Publicity Section of this report together with the Acting Director’s response to those concerns and these have been examined further in this assessment of the proposal.

40. The proposed extension to the existing playground on the south side of the school building will help to tidy up a generally unkempt area (including the site of the demolished demountable building). There is a cemetery to the south and there would not be any adverse effect on the amenity of the cemetery as a result. A row of hedging will be planted to supplement the existing fence in this location.

Recommendation

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

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

(a) the fencing to be constructed. (b) the lighting to be provided around the external elevations of the classroom block. (c) the proposed glazed canopy link between the buildings. (d) the light tubes to be used in the roof. (e) 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. It shall make provision for replacement of any specimen tree to be lost as a result of the development.

DC®. BOARD 28/6/01 Page 78 12 2001/0324/01 – continued

3. The approved landscape scheme referred to in condition no. 2 above shall be carried out in the first appropriate planting season following the date when the proposed extension is ready for occupation. 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.

4. Before the development hereby permitted is commenced including site works of any kind, existing trees, shrubs or hedges on the site shall be protected by fences erected at a distance equivalent to not less than the existing spread of the branches from the trunk, in accordance with details to be agreed by the Director of Planning and Transportation. No materials whatsoever shall be stored, vehicles moved, rubbish dumped, fires lit or buildings erected within these fences; no changes in ground level shall be made within the spread of any tree, shrub or hedge without the previous written consent of the Director of Planning and Transportation. No tree shall be used as an anchorage, nor shall any item whatsoever be affixed to any retained tree. If any trenches for services are required in the fenced off area(s), they/it shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 5 cms. or more shall be left unsevered.

5. The proposed extension shall be constructed no closer than 8.8m from the face of the bole of the ash tree located to the rear of 26 and 28 Manor Close.

6. The rate of discharge of surface water shall not be increased above that which would emanate from the site in its present condition.

7. The surface water drainage system shall be designed to maximise the recharge of local groundwater.

8. There must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.

9. A School Travel Plan which seeks to reduce the number of car journeys to the school shall be submitted for approval in writing by the Department of Planning and Transport and adopted prior to the first occupation of the proposed classrooms.

10. Unless otherwise agreed in writing with the Director of Planning and Transportation, 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 or 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 Planning and Transportation.

DC®. BOARD 28/6/01 Page 79 13 2001/0324/01 – continued

11. The proposed development hereby permitted shall be occupied in association with educational activities of Cosby Primary School on the site and for no other purposes within Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order, 1987, (or any Order revoking or re- enacting that Order).

12. The car parking areas indicated on the submitted plan shall be hard surfaced, marked out and made available for use before the proposed extension is brought into use and shall be kept free from obstruction and retained for use by all users of the school at all times.

13. This consent relates to the application as amended by revised plans 2001/0324A/01 (drawings 807519/01A/02A/03A) and memoranda dated 30th April 2001 (x2) and 11th June 2001 from the Director of Property.

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.

4. To ensure that proper steps are taken to safeguard the existing vegetation during the course of the development.

5. To minimise the effect of the proposal on the nearby ash tree.

6. To ensure that new flooding problems are not created by this development.

7. To avoid depleting ground water resources.

8. To secure a satisfactory form of development and to minimise the risk of damage in times of flooding.

9. In order to reduce the number of car journeys to the school.

10. To safeguard the amenities of nearby residents.

11. 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.

12. To ensure that adequate off-street parking is available to serve the development.

13. For the avoidance of doubt.

DC®. BOARD 28/6/01 Page 80 14 2001/0324/01 – continued

Note to Applicant

1. Your attention is drawn to the contents of the letter dated 18th June 2001 from the Environment Agency attached to this consent.

2. You are advised to give consideration to carrying out a detailed survey, including a climbing inspection , of the ash tree to the rear of 26 and 28 Manor Close in order to ascertain its current condition.

Policies and Proposals in the Development Plan Relevant to the Decision

Blaby District Local Plan, 1999:- Policy M3 Policy R1 Policy R2

Circulation Under Sensitive Issues Procedures

Mr. B. Garner, CC

Officers to Contact

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

______

DC®. BOARD 28/6/01 Page 81 15

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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: 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 28/6/01 Page 82 Page 83 Agenda Item 11b

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – RECONSTRUCTION OF EXISTING CAR PARK AREA AND INSTALLATION OF 2 NEW COLUMNS AND FLOODLIGHTING FIXTURES – WINSTANLEY COMMUNITY COLLEGE, KINGSWAY NORTH BRAUNSTONE (BLABY DISTRICT)

2001/0407/01 – 11th May 2001

Description of Proposal

1. It is proposed to reconstruct the existing car park and surface it with tarmac. The car park currently has a gravel and compact soil surface, which is uneven. Parking spaces are not marked out, which means that the maximum capacity of the car park is not being achieved. On completion of the works the car park would then be suitably marked out to provide 60 car park spaces of which a minimum of 1 space would be available for people with disabilities.

2 An existing 5m high lighting column (in position A on plan) would be removed and replaced with a 6m high galvanised steel column. A second 150 watt halide (white light) flood light (B) would be fitted on a twin arm bracket to accompany the existing light fitting. A new 8m high galvanised steel column would be erected with three 250-watt floodlights mounted on a triple arm bracket. The columns would be galvanised steel in appearance. The lights would be switched on from dusk until 10.30pm weekdays and weekends. The nearest residential properties are located on the opposite side of Kingsway North and separated from the school car park area by a substantial area of shrubbery and tree planting.

3 One small tree would be removed to enable the construction of a new path across the car park, to link to an existing path to Kingsway North. New areas of shrub planting would be planted around the path to visually separate the two parts of the car parking area. Two existing street lampposts would be removed during the construction of the car park area. Page 84 2 2001/0407/1 – continued

DC®. BOARD 28/6/01 Page 85 3 2001/0407/1 – continued

Planning Policy

4. The Development Plan in this instance is the Leicestershire Structure Plan and the adopted Blaby District Local Plan (1999). The site of the application is located in a primarily residential area indicated in the Local Plan. Consequently, Policy R2 is relevant to this proposal as it suggests that non-residential development in a designated Primarily Residential Area will be acceptable provided that it meets criteria set out in Policy R1, does not adversely affect the appearance or character of the area, avoids unsatisfactory layout, design or external appearance, does not result in over development of the site due to scale and mass and does not have an adverse effect on the amenities of occupiers of nearby properties.

5. Policy CE26 on the Local Plan suggests that where a proposal incorporates a lighting scheme it shall only be granted if it would not cause a nuisance to nearby residents and road users in terms of glare, light spillage and that it is in keeping with the residential appearance and character of the area.

Consultations

Braunstone Town Council

6. The height of the floodlighting columns, hours of use and level of lighting should be in accordance with the District Council’s Lighting Policy and restricted so not to be of nuisance to nearby residents and roads users in terms of glare or create unnecessary levels or light spillage.

Blaby District Council - Planning

7. No objection subject to the floodlights being suitably directed, shielded and controlled in terms of hours of use so as to avoid a nuisance being caused to the nearest residents on Kingsway North.

Blaby District Council – Engineering

8. Reply awaited

Severn Trent Water Ltd

9. No comment

Director of Museums- Archaeological section.

10. The Leicestershire and Rutland Sites and Monuments shows that the site has low archaeological potential. Therefore no comment on the proposal.

Publicity

11. The proposal has been advertised by site notices and individual neighbour letters since 22nd May. No representations have been received within the time scale prescribed.

DC®. BOARD 28/6/01 Page 86 4 2001/0407/1 - continued

Assessment of Proposals

12. The proposal needs to be assessed in the light of the relevant policies of the Local Plan.

13. The proposed floodlighting would provide increased security for the school buildings and the car park areas in particular. The lights would allow the car park areas to be well lit, which would provide additional safety for people using the car park. The light would be directed towards the car park areas and away from nearby houses to ensure that it would not be a nuisance to nearby residents or road users. There are substantial trees on the front elevation of the school site, which means that the steel columns and light fittings would not be viewed directly from the residential properties on Kingway North. This would similarly apply to the car parking area which is also obscured by the existing vegetation.

14. The re-surfacing of the car park would allow a smoother surface. The car park would be marked out which would increase the number of parking spaces available as people would park in a more controlled way. There would be the inclusion of a minimum of one parking space suitable for persons with a disability.

15. Although one small tree would be removed a replacement tree would be planted as well as additional shrub beds. This small area of landscaping would enhance the amenity of the parking area.

16. Consequently it is felt that the overall proposal would not affect the residential amenities of nearby residents because the landscaping and vegetation to the front of the school would mitigate any disruption to residents.

17. Consequently, the proposals accord with the intentions of the Local Plan Policies and are recommended for approval accordingly.

Recommendations

Permit subject to the following conditions:

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

2 The car parking area indicated on the submitted plan shall be suitably hard surfaced and marked out to the satisfaction of the Director of Planning and Transportation, before they are brought into use. The area shall be kept free from obstruction and remain available for such use at all times. A minimum of one car parking space shall be marked out for use by persons with a disability.

3 The beam axes of the proposed floodlights shall not exceed 55o to the "downward vertical" and light distribution shall be controlled so that negligible light is visible from adjoining dwellings and the highway.

4 Before any development is commenced on the site a landscape scheme shall be submitted to and approved in writing by Director of Planning and Transportation. The scheme shall include details of one new tree to replace that to be lost to the development and shrub planting, including numbers, types, species and location of such planted material.

DC®. BOARD 28/6/01 Page 87 5 2001/0407/1 - continued

5 The approved landscape scheme shall be carried out in the first appropriate planting season following the date when the proposed car park. is ready for occupation and 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.

6 The proposed floodlights shall not be switched on outside of the hours between 0800 and 2230 on any day. or when the car park is not in use.

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 durability and appearance of the surface is satisfactory.

3 To minimise the impact of the development in the interests of highway safety, and to safeguard the amenities of nearby residents.

4 To enhance the appearance of the development in the interests of visual &5 amenity.

6 To safeguard the amenities of nearby residents.

Policies and Proposals in the Development Plan Relevant to the Decision

Blaby Local Plan, 1999: Policies R1, R2 and CE26

Circulation Under Sensitive Issues Procedures

Mr. P.G. Winkless CC

Officers to Contact

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

______

DC®. BOARD 28/6/01 Page 88 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 Director of Property 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.

DC®. BOARD 28/6/01 Page 89 Agenda Item 11c

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – ALTERATIONS AND EXTENSIONS TO PROVIDE NEW ENTRANCE/LOBBY/OFFICES AND STORE – ST PAUL’S CHURCH OF ENGLAND PRIMARY SCHOOL, OFF MEADOW ROAD, WOODHOUSE EAVES. (CHARNWOOD DISTRICT)

2001/1040/2 – 23rd April 2001

Background

1. Consent was granted in August 1998 for a small extension at this school, to provide a multi-purpose room to connect a year 3 classroom to a year 1 classroom (ref 1998/1087/2).

Description of Proposal

2. It is proposed to build a new main entrance to the school, which would create a lobby, headteacher’s office, computer suite and a store. The extension would be a simple flat roof construction that would provide a clear entrance to the school building.

3. The extension would measure 8.2m by 10.5m and be 4.5m in height at its largest dimensions. The brickwork and windows would be similar to the existing school building which is built substantially of flat roof buildings. The extension would not lead to any increase in staff or pupils, but would allow an increase in facilities for the school.

4. The ramp at the front of the school building would be removed and replaced along the front elevation, in order to provide a suitable access for persons with disabilities.

Planning Policy

5. Policy CF3 in the Deposit Local Plan for Charnwood Borough (1996) provides that permission for operational development and buildings on existing educational land normally will be granted, subject to the scale, appearance and

Page 90 2 2001/1040/2 - continued

DC®. BOARD 28/6/01 Page 91 3 2001/1040/2 – continued

impact on the character of the locality. Significant trees and open spaces should be safeguarded from development, where they contribute to the amenities of the locality.

Consultations

Charnwood Borough Council

6. No objection

Woodhouse Parish Council

7. No objection

Severn Trent Water Ltd

8. No objection

Publicity

9. The proposal has been advertised by site notices and individual neighbour letters dated the 1st May 2001. No representations have been received within the time scale prescribed.

Assessment of Proposals

10. The proposed extension is a simple construction to the front of the school building. It will allow better use of internal arrangements in the school by providing a purpose built headteacher’s office for parents to be able to visit when required and increased space for administration facilities. The online computer suite will provide a number of computers that will allow the school to access the Internet. This allows the school to make use of various teaching programmes that are available on the Internet. The computer facilities will be located in one secure area, and release other areas within the school to be used for general teaching.

11. The brickwork and windows that would be used in the extension would be similar to the existing school building. The extension would have a flat roof to match the existing school building.

12. The extension would not affect the residential amenities of residents on Meadow Road. It is felt that the design and materials that would be used in its construction are suitable and are in keeping with the overall design of the school building.

Recommendations

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 28/6/01 Page 92 4 2001/1040/2 – continued

2. The development hereby permitted, including any new walls shall be carried out using matching external materials to those on the existing building on site. Details of such materials shall be agreed with the Director of Planning and Transportation before development commences.

3. The extension permitted shall only be occupied by the school in association with the Leicestershire Education Authority’s Community centre and 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 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 external appearance and grouping of materials.

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.

Policies and Proposals in the Development Plan Relevant to the Decision

None

Circulation Under Sensitive Issues Procedures

Mr. P.C. Osborne, CC

Officers to Contact

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

DC®. BOARD 28/6/01 Page 93 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 Director of Property 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: 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;

DC®. BOARD 28/6/01 Page 94 6 Sched. 9 para (1): minerals discontinuance orders.

DC®. BOARD 28/6/01 Page 95 Agenda Item 11d

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – INTERNAL ALTERATIONS TO FORM A COMPUTER STUDIO AND ERECTION OF PE STORE, – KINGSWAY PRIMARY SCHOOL, KINGSWAY NORTH, BRAUNSTONE, (BLABY DISTRICT)

2001/0437/1 – 25th May 2001

Background

1. Consent was granted in January 1999 (under reference 98/0778/01) for an extension to create a new classroom. This involved a simple flat roof extension at the front of the existing school building.

Description of Proposal

2. It is proposed to rearrange the internal layout of the school building to create a computer studio. This would allow better use of internal accommodation in the school by providing a separate computer studio, which can be used by more pupils than the existing space allows. This extra space allows the school to purchase additional computers.

3. The proposed erection of a PE store on the south west of the main hall would provide adequate storage space for gym and PE equipment. This is currently stored in various store rooms throughout the school and outside. The proposal would allow storage space to be rationalised. The store would measure 2.3m by 3.5m and be 6m in height at its largest dimensions. The roof would be flat and the brickwork and materials would match the existing school building.

Planning Policy

4. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the adopted Blaby Local Plan 1999. The site of the school is within a primarily residential area identified in the local plan and consequently, Policy R2 is relevant to this proposal as it suggests that non-residential development in a designated Primary Residential Area will be acceptable provided that it meets criteria set out in Policy R1, does not adversely affect the appearance or character of the area, avoids unsatisfactory layout, design or external

Page 96 2 2001/0437/01 - continued

DC®. BOARD 28/6/01 Page 97 3

2001/0437/01 – continued

appearance, does not result in over development of the site due to scale and mass and does not have an adverse effect on the amenities of occupiers of nearby properties.

Consultations

Braunstone Town Council

5. No objection.

Blaby District Council - Planning

6. Reply awaited.

Publicity

7. This proposal has been advertised by site notice since the 25th May 2001. No representations have been received within the prescribed time-scale.

Assessment of Proposals

8. The proposal has to be assessed against criteria set out in Policies R1 and R2.

9. The proposed gym store is a simple construction at the rear of the school building. This extension would not affect residential amenities due to its location at the rear of the building at a distance from any residential properties. It would relate well to the existing school building in terms of design and materials and would be of a satisfactory scale and form of development. The store would enable internal store space to be rationalised, and provide a purpose built location for the storage of gym and PE equipment.

10. The changes to the internal accommodation would provide additional computer facilities for the school. This would allow for computer skills to be taught to a larger group of pupils. The increased space would also mean that the computers could be linked to the Internet.

Recommendations

Permit 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 similar external brickwork to that used on the existing school building. Details of such materials shall be deposited with and agreed in writing with the Director of Planning and Transportation before development commences.

3. This consent relates to the application as amended by letter dated 13th June 2001 from the applicant’s agent which amends the content of the application.

DC®. BOARD 28/6/01 Page 98 4 2001/0437/01 – continued

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.

3. For the avoidance of doubt.

Policies and Proposals in the Development Plan Relevant to the Decision

Blaby Local Plan, 1999: Policies R1 and R2

Circulation Under Sensitive Issues Procedures

Mr. P.G. Winkless CC

Officers to Contact

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

DC®. BOARD 28/6/01 Page 99 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 Director of Property 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.

DC®. BOARD 28/6/01 Page 100 Page 101 Agenda Item 11e

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – (i) EXTENSION TO EXISTING OFFICES INCLUDING ATRIUM, (ii) CONSTRUCTION OF NEW OFFICE BUILDINGS AND (iii) TRAFFIC CALMING WORKS ON EXISTING PRIVATE ROAD, THE TECHNOLOGY CENTRE, OFF EPINAL WAY, LOUGHBOROUGH (CHARNWOOD BOROUGH)

2001/1157/2 – 10th May 2001

Background

1. In May 2000, East Midlands Development Agency (EMDA) sought expressions of interest for grant from its Innovative Cluster fund. The Loughborough Partnership submitted a proposal in June 2000 for two elements, including a £250k bid for refurbishment work at the Innovation Centre on the Loughborough University campus and £1.75m for a new ‘Tech2’ scheme on the Loughborough College campus.

2. In December 2000, EMDA confirmed a ‘provisional offer’ of £750k of total funding for the bid, subject to the receipt of final details. The Loughborough Partnership has resolved to endorse a bid for this amount of grant for the Tech2 scheme, which has been re-designed to retain the logic and scale of the original bid.

3. At the meeting of the County Council’s Cabinet on 27th March 2001, it was decided to support the project for the ‘Tech2’ scheme at Loughborough Technology Centre, and commit matching funds to this project from the Industrial Properties Trading Account (IPTA). The Cabinet also decided to endorse the bid for funds from EMDA with respect to the development. Page 102

2 2001/1157/2 – continued

DC® BOARD 28/6/01 Page 103

3 2001/1157/2 – continued

4. The submitted application represents the basis of a formal submission to EMDA for the extension and addition to existing offices and research facilities at the Technology Centre. The application is accompanied by details of the project proposal; traffic impact assessment; drainage report; ground condition report; and desk top survey. Subject to funding, the scheme might commence in August 2001 and be completed by September 2002. EMDA requires that the total value of its grant to be spent by March 2002, which is shown to be deliverable by cash flow projections.

5. The original Technology Centre was built in 1984 on land adjoining the former Loughborough College of Art and Technology, on the east side of Epinal Way. It now provides some 1930 sq. m. of accommodation for ‘hi-tech’ research and development suites, within a landscaped setting off the College service road. It has dedicated parking and servicing facilities and established tree planting and structural embankments.

Description of Proposal

6. The Technology Centre provides facilities for emerging businesses in the high technology research and development field, benefitting from links with the University’s own facilities. There is a lack of available accommodation in the locality for an equivalent standard and comparable location, thereby allowing the units to be re-let to new or growing companies.

7. Therefore, it is proposed to construct 3 self-contained units in the grounds of the Technology Centre, together with extensions to the existing building and a new Atrium/reception on the front of the building. The new space is intended as accommodation for ‘clean’ office and laboratory users (e.g. computer, ICT, ergonomics and light assembly uses).

8. The construction of the larger new units is expected to release 10-15 smaller suites within the existing building within the first 12-18 months. In turn, this will facilitate some re-configuration of the existing building to provide incubator units ranging from 20 – 90 sq. m.

9. It is also intended to provide a meeting/conference facility within the existing Centre available for let to tenants, as a supplement to the existing ‘rent a desk’ service in the building. The whole project should provide opportunities for around 50-70 jobs.

10. A total of 1,227 sq. m. of new floorspace would be provided, as follows:

• A free standing, two-storey block of 280 sq. m. (2 x 140 sq. m. per floor) in the south-east corner of the site, built in brickwork, steel panels and a steel-clad barrel roof; • A free standing, two-storey block of 426 sq. m. (2 x 140 sq. m. and 2 x 73 sq. m.) in the north-east corner of the site, built in similar design;

DC® BOARD 28/6/01 Page 104

4 2001/1157/2 – continued

• Two matching extensions on the north-west end of the existing building, providing a total of 424 sq. m. (2 x 110 sq. m. and 2 x 102 sq. m.) in matching two-storey buildings on either side of the building; • A 97 sq. m. atrium/reception area on the front (south-east end) of the existing building, erected in two-and-a-half storey glass structure with barrel roof.

11. The new accommodation is designed to provide flexible arrangements, whereby the units might be sub-divided or combined with existing, adjacent units. The new atrium will provide exhibition facilities, lift facilities and general reception area. All of the current proposals would be carried out on County Council land, but there is potential for future expansion on adjoining land to the east and south, owned by Loughborough College.

12. The submitted scheme makes provision for additional off-site parking areas around the site, by adjustments to the existing access and servicing facilities. Alterations are required to the existing landscape setting, including restructuring of the embankment to the north-west end of the site. Revised planting and landscaping works would be carried out around the new developments.

13. The proposal incorporates provision for the relieve of traffic at the junction of Radmoor Road/Epinal Way, exacerbated by the use of the Radmoor Road link as a ‘rat run’ from the Ashby Road area to the north east. Traffic calming measures are proposed on the private road through the College campus, whereby this route would be closed off to through traffic, except for buses, cycles and emergency vehicles. Details of the proposed measures have yet to be finalised, but might well include automatic bollards that respond to ‘authorised’ vehicles only.

14. The effect of such measures , it has been determined by the traffic impact assessment, would be a net reduction in overall traffic generation at the Epinal Way junction once the impact of the Tech2 extensions have been added to the highway network. The land in question is under the control of the College, which has confirmed its agreement to the scheme in writing.

15. The Technology Centre uses a pumped system for surface water drainage and it has been recommended that additional surge tanks and increased pipework can be incorporated in the County Council’s land. Provision for such facilities have been included in the costings.

Planning Policy

16. The application site is included within the built-up limits of the Loughborough Local Plan (1990). However, there are no policies in that Plan which relate specifically to the proposal.

17. The application site is included within Policy CF4 for the Deposit Local Plan for Charnwood Borough, which relates the areas covered by Loughborough University and college campuses. Within this area, it is intended that planning permission will be granted for academic and ancillary uses (Class D1) and student accommodation, DC® BOARD 28/6/01 Page 105

5 2001/1157/2 – continued

subject to design, landscaping and accessibility criteria. It is intended that development for other purposes be resisted unless it would not unreasonably constrain opportunities for further expansion of the institutions or result in a deficiency of recreational space.

18. Policy TR/21 of the Deposit Plan relates to the provision of adequate parking facilities to serve new development, in accordance with the standards of the Borough Council. In making an assessment of parking requirements, account will be taken of existing alternative transport facilities, existing off-street parking, and the environmental impact of traffic.

19. Policy E/1 of the Plan sets out the criteria for assessing proposals for new employment uses, including such matters as:

(i) adequate provision for access and servicing; (ii) provision of safe and adequate access for cyclists, pedestrians, and public transport, linking to the existing network; (iii) no nuisance to neighbouring land uses; (iv) scale, design and layout of the development that is compatible with the surrounding locality; (v) provision of high quality landscape setting; and (vi) the safeguarding of residential and visual amenities.

Other considerations

20. The East Midland Regional Assembly’s Integrated Regional Strategy sets out economic objectives that form a framework for this proposal, which seek to develop a strong culture of enterprise and innovation, putting the East Midlands region at the leading edge in Europe for research and creating a climate in which entrepreneurs can prosper. It also seeks to breed a climate for investment, providing the right conditions for a combination of indiginious and inward investment.

21. The County Council has a statutory duty under the Local Government Act to contribute to and promote the economic wellbeing of the County. The Council’s economic development strategy reinforces the requirement to provide small incubator units to meet start-up needs, and for further spin-off businesses from the Universities.

22. The County Council’s Industrial Properties Trading Account (IPTA) was established in 1990 with the objective of supporting new and growing businesses through the provision of small units, on flexible lease terms. The IPTA currently holds 232 properties County-wide, which have been developed through partnerships and investments of IPTA operating surpluses. Once completed, the Tech2 scheme would be managed by the IPTA management.

DC® BOARD 28/6/01 Page 106

6 2001/1157/2 – continued

Consultations

Charnwood Borough Council (Planning)

23. .Reply awaited

Charnwood Borough Council (Highway Agency)

24. Reply awaited

Severn Trent Water

25. No objections

Environment Agency

26. No objections in principle, subject to conditions relating to the storage of liquids, interception and balancing of surface water run-off, and the prior approval of details of surface and foul water disposal.

Publicity

27. This proposal has been advertised by site notices, posted on 22nd May 2001, and individual letters have been sent to the nearest residents on Westfield Drive and Radmoor Road. It has also been advertised in the Loughborough Echo on 31st May. No representations have been received as a result of this publicity.

Assessment of Proposals

28. The proposed extensions and additions to units at the Loughborough Technology Centre would facilitate use of regional funds towards beneficial local economic activity and provide much needed additional accommodation for new enterprise. They would provide an increase of some 60% in the existing floorspace, in a variety of flexible unit sizes.

29. The whole of the new development would be accommodated on County Council property, without the need to impinge on the College land, although there is potential for future expansion onto the adjoining ownership. The development would not conflict, therefore, with the intentions of the Draft Local Plan policy for the College locality (Policy CF/4). It does not constrain the opportunities for expansion of the education institute or entail loss of recreational space.

30. Adequate parking and servicing facilities are included in the scheme, whilst the site is also well placed to take advantage of local public transport services, cycleways and pedestrian links. It therefore accords with the intentions of Policy TR/21 of the Plan.

DC® BOARD 28/6/01 Page 107

7 2001/1157/2 – continued

31. The scale, design and layout of the scheme complement the existing development on site and in the locality. It is accompanied by appropriate landscaping that will mitigate the impact of the development on the surrounding area and retain an attractive setting to the Technology Centre.

32. Implementation of the proposed traffic calming scheme on Radmoor Road will significantly reduce the amount of traffic using this private ‘through’ route and concurrently the amount of traffic at the Epinal Way/Radmoor Road junction.

33. The site is well removed from the nearest residential properties and screened by existing mature vegetation. In the circumstances the scheme is considered to be acceptable, subject to appropriate conditions, and 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.

2. Representative samples of the materials to be used externally in the construction of the proposed building shall be deposited with and approved in writing by the Director of Planning and Transportation before development commences.

3. Before the development authorised by the permission is commenced including site works of any kind, a detailed landscaping scheme showing the treatment of all parts of the site shall be submitted to and agreed in writing by the Director of Planning and Transportation. The scheme shall include details of:

(a) the position and spread of all existing trees, shrubs and hedges to be retained or removed; (b) new tree and shrub planting, including plant type, size, quantities and locations; (c) means of planting, staking and tying of trees, including tree guards; (d) other surface treatments; (e) fencing and boundary treatments; (f) any change in levels; (g) the position and depth of services and/or drainage runs which may affect root trees

4. The approved landscape scheme referred to in condition 3 shall be carried out in the first appropriate planting season following the date when the proposed development is ready for occupation and 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.

DC® BOARD 28/6/01 Page 108

8 2001/1157/2 – continued

5. The car parking, access and servicing facilities indicated on the approved plan shall be suitably hard surfaced and marked out to the satisfaction of the Director of Planning and Transportation and made available before the proposed development is brought into use. Thereafter, these areas shall be kept free from obstruction and remain available for such use at all times.

6. The development hereby permitted shall not be brought into use until the highway works and traffic calming proposal to Radmoor Road, as indicated on approved plans 2001/1157/2/TC, are implemented and fully operational. Thereafter, the approved scheme for such works shall remain operational at all times, unless otherwise agreed by the Local Planning authority. Any revision to the approved highway works shall be first approved in writing by the Director of Planning and Transportation.

7. The use of the land and buildings shall be limited to Class B1.of the Schedule to the Town and Country Planning (Use Classes) Order, 1987, (or the equivalent use in any Order revoking or re-enacting that Order).

8. The development hereby permitted shall not commence until a scheme for the disposal of foul and surface waters has been approved by the County Planning Authority, in consultation with the Environment Agency. The approved scheme shall be implemented in accordance with an agreed progamme and the details shall set out therein. The approved scheme shall include provision for the following:

(i) There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways; (ii) Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking ares and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor; (iii) The rate of discharge of surface water must not be increased above that which would emanate from the site in its present condition; (iv) The limitation of surface water run-off.

9. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to 110% of the tank capacity. If there is multiple tankage, the compound shall be at least equivalent to 110% of the capacity of the largest tank, vessel or combined capacity of interconnected tanks or vessels. All filling points, associated pipework, vents, gauges and sight glass must be located within the bund or have separate secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from

DC® BOARD 28/6/01 Page 109

9 2001/1157/2 – continued

accidental damage. All filling points and tanks/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund.

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.

3. To enhance the development and to safeguard the appearance of the locality.

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

5. In the interests of road safety and to ensure that suitable parking and servicing facilities will be available to serve the premises when they are brought into operation.

6. In the interests of road safety and to ensure that the development does not result in an unacceptable level of traffic on the surrounding highway network.

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

8. To prevent pollution of the water environment and to ensure that new flooding problems are created by this development.

9. To prevent pollution of the water environment.

Note to Applicant:

A copy of the letter dated 18th June from the Environment Agency is attached for your attention.

Policies and Proposals of the development plan relevant to the decision

None

Circulation Under Sensitive Issues Procedures

Mr. K. Anthony CC

Officers to Contact Mr. C.J. Noakes (Tel: 265 7053) Mr J. R. Hockney (Tel: 265 7013) E-Mail: [email protected] DC® BOARD 28/6/01 Page 110

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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:

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 28/6/01 Page 111 Agenda Item 11f

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – DEMOLITION OF DOUBLE AND SINGLE MOBILE CLASSROOMS AND REMOVAL OF SINGLE MOBILE CLASSROOM, SITING OF DOUBLE MOBILE CLASSROOM WITH TOILETS – BOOTHWOOD COUNTY PRIMARY SCHOOL, OLD ASHBY ROAD, LOUGHBOROUGH (CHARNWOOD BOROUGH)

2001/1318/2 – 24th May 2001

Background

1. Boothwood County Primary School is situated on the north side of the Old Ashby Road, adjacent to the disused Charnwood Forest railway line (now a cycle way/footpath route to Loughborough town centre). It is a sloping site with the modern, flat roofed school buildings at the eastern end. There are currently three single and one double mobile classroom on site, positioned to the west side of the School buildings adjacent to the playground. These were originally granted permission in 1982 and 1985.

2. Two of these mobile classrooms are in poor condition and will be demolished (i.e. one single and one double unit), whilst a further single classroom is to be removed. In their place, it is intended to place another double classroom. One existing single mobile will remain on site. The net result of these changes will mean that the existing 3 single and one double mobile classroom will become one single and one double classroom.

3. The number of pupils at the school is expected to remain constant, or slightly reduce, over the next five years. The overall amount of accommodation will be reduced by the current proposal, but there will be sufficient space for the expected number of pupils on site.

Description of Proposal

4. The mobile classrooms would be positioned on higher ground at the rear (north) side of the site, to the west of the School premises. There is incidental tree Page 112 2 2001/1318/2 – continued

DC®. BOARD 28/6/01 Page 113 3 2001/1318/2 – continued

planting around the west and south side of these classrooms, planted at the time of the original permissions. The open school playing field is situated to the west, with the School playground lower down the slope to the south.

5. There is a 3m high hedgerow along the front (south) and west boundaries of the school, together with mature tree planting. Similarly, the established hedgerow along the north side, adjacent to the disused railway embankment, offers a 3m high screen. Residential properties exist on the opposite side of Old Ashby Road, some distance from the School buildings. There is modern housing development to the west and north, separated from the School by the mature vegetation around the site.

Planning Policy

6. Policy CF3 for the Draft Local Plan for Charnwood Borough provides that permission for operational development and buildings on existing educational land normally will be granted, subject to the scale, appearance and impact on the character of the locality. Significant trees and open spaces should be safeguarded from development, where they contribute to the amenities of the locality.

Consultations

Charnwood Borough Council (Planning)

7. No objecton

Severn Trent Water

8. No objections

Publicity

9. This proposal has been advertised by site notices, posted on 26th May 2001, and individual letters have been posted to residents of nearby dwellings on Old Ashby Road, Clowbridge Drive and Crosswood Close. No written representations have been received as a result.

Assessment of Proposals

10. The development involves the replacement and reduction in the number of mobile classroom adjacent to the main School. They would be placed close to the rear of the site, well away from the nearest residential properties in the locality. Whilst this part of the site is relatively elevated, it is also well screened from the surrounding area by the mature hedgerows around the site. Existing tree planting will be retained close to the mobile units.

11. In the circumstances, the proposal is considered to comply with the objectives of the Deposit Local Plan policy and is considered acceptable.

DC®. BOARD 28/6/01 Page 114 4 2001/1318/2 – continued

Recommendation

Permit, subject to the following conditions:

1. This permission is limited to the period expiring on 31st July 2006. Immediately on the expiry of that period the double mobile classroom hereby permitted, together with the existing single classroom to be retained on site, shall be removed and land reinstated to the satisfaction of the County Planning Authority unless in the meantime a further planning permission has been granted.

2. Within 3 months of being placed on site, the replacement double mobile classroom shall be treated, and thereafter maintained, in a dark brown colour finish.

3. None of the existing trees or hedges on site shall be lopped, topped, felled or uprooted without the prior written agreement of the Director of Planning and Transportation.

4. The temporary classroom hereby permitted shall only be occupied by the school in association with 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. The materials to be used in the construction of the buildings make them unsuitable for a permanent permission and to enable County Planning Authority to reconsider the situation at the end of this period.

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

3. In the interests of visual amenity and to safeguard the character and appearance of the locality.

4. 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.

Policies and Proposals of the development plan relevant to the decision

None

Circulation Under Sensitive Issues Procedures

Mr. M.J. Hunt CC

Officers to Contact Mr. C.J. Noakes (Tel: 265 7053) Mr. J. R. Hockney (Tel: 265 7013) E-Mail: [email protected]

DC®. BOARD 28/6/01 Page 115 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 Director of Property 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: 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 28/6/01 Page 116 Page 117 Agenda Item 11g

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – EXTENSION TO SCHOOL TO PROVIDE TWO CLASSROOMS AND ASSOCIATED TOILET AND CLOAK AREAS AT DUNTON BASSETT PRIMARY SCHOOL, THE MOUNT, DUNTON BASSETT (HARBOROUGH DISTRICT)

2001/0488/03 – 12th April 2001

Purpose of Report

1. Those members who were present at the meeting of the Regulatory Board held on 24th May 2001 will recall that this item was deferred pending a site visit by members. The site visit was held on Tuesday June 26th and the application is placed before members for determination following the findings of that visit. Members’ views are sought on the proposal.

Note to Board

2. The Director of Property has asked that in the event that members find the proposal (with a pitched roof) unacceptable, largely because of the pitched roof rather than the location, that they give consideration to the suitability of the building with a flat roof. It should be noted that if this option is pursued it would need to be submitted as an amended plan which would need to be subject to further publicity and consultation before being formally considered by the Board at future meeting.

Circulation Under Sensitive Issues Procedures

Mr. D. Jennings, CC

Officers to Contact

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

Page 118 APPENDIX

This report includes amendments as agreed by the Board Meeting

DEVELOPMENT CONTROL AND HIGHWAYS REGULATORY BOARD

24TH MAY 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

LEICESTERSHIRE COUNTY COUNCIL – EXTENSION TO SCHOOL TO PROVIDE TWO CLASSROOMS AND ASSOCIATED TOILET AND CLOAK AREAS AT DUNTON BASSETT PRIMARY SCHOOL, THE MOUNT, DUNTON BASSETT (HARBOROUGH DISTRICT)

2001/0488/03 – 12th April 2001

Description of Proposal

1. It is proposed to provide additional accommodation on the site of the primary school by constructing a separate free standing extension. This would be constructed on the main hard play area on the northern side of the existing main school building. The extension would replace the accommodation provided by an existing double mobile classroom, which is currently located at the rear of the playground. The mobile classroom would be demolished on completion of the extension. It is intended that the site of the mobile classroom, together with additional land, would be laid out as a new hard play area.

2. The first phase of Dunton Bassett Primary School was built in 1849, with a number of permanent extensions over the early part of the 20th Century. The existing second-hand double mobile classroom, without toilets, was added in 1987 and this building is estimated to be over 25 years old. The capacity of the school is 103 pupils, of whom 55 pupils (53%) are located in the mobile classroom. The school has no hall, no playing field and the existing playground slopes both away from the road and towards the north-east corner, making games and informal recreation difficult in anything but perfect weather.

3. The mobile classroom is in a very poor condition and therefore needs replacing. The Local Education Authority was successful in a bid for Government funds, through the New Deal for Schools initiative, for a permanent extension in place of the mobile. Consequently, the opportunity has been taken to address the other failings of the site so that a complete scheme will ultimately be submitted for planning permission.

4. The proposed scheme will produce a number of significant benefits for pupils and staff, as follows:

Page 119

2001/0488/03 – continued Page 120

2001/0488/03 – continued

The obsolete mobile will be replaced by permanent purpose built accommodation, more suited for the delivery of the National Curriculum.

Pupil toilets will be provided in the new block, thereby reducing the need for pupils to travel between the new block and main block.

The new block will be able to provide practical areas and ICT facilities, both of which cannot be delivered in the existing mobile classroom.

The new playground will be level and of an appropriate size for the delivery of the PE Curriculum.

The new playground will be at the rear of the site, making it more secure. It will not be necessary for any visitors to cross the playground in order to reach the office as presently happens.

5. The site of the school is a very restricted one with very little open space around the existing school buildings. Land to the north of the school site has recently been developed with new residential units. These units have very little land between them and the school boundary. To the west of the site there is open countryside and the limits to development of the village abut the school boundary, thereby restricting the possibility of constructing a building further out in this direction. It would be beneficial if the school can retain the existing mobile classroom on site whilst the extension is being built.

6. In view of these constraints it has been concluded that there is little option but to propose the construction of the extension on the hard play area despite the close proximity of the new houses to the northern boundary. In order to minimise the effect of the building it would be single storey with a pitched roof and set at a slight angle to the nearest dwellings. The new building would be at a distance varying between 5m and 7.5m from the houses to the north. The houses to the east would be between about 8m and 12m away from the extension. There are no windows proposed in the elevation nearest to the houses on the north side, only two fire doors serving the two classrooms.

7. A brick wall currently exists around the northern and eastern perimeters of the school site. This varies between 1.5m and 2m in height. A series of wooden trellis panels has been constructed by the developer of the houses to extend the height of the screening along this perimeter to an average of 3m. There is a further chain link mesh ball fence at a lower height within the school. Gates would be erected between the extension and the boundary to prevent children playing at the rear of the extension.

8. The houses on the land to the north and east have been constructed in a style reminiscent of a barn conversion. The houses to the north have relatively small windows to principal rooms, reflecting the restricted view in this direction and are only on the ground floor. The upper rooms have roof lights set flat in to the roofline. The houses to the east have larger, wider windows (as might be seen if a barn door had been glazed), almost the height of the building to eaves level. The upper rooms have a combination of dormer windows and roof lights. Both sets of houses have limited space between them and the school perimeter wall. Page 121

2001/0488/03 – continued

9. The extension would measure 17m by 10m and be 6m high to the ridgeline. The houses to the north are about 4.5m high and those to the east about 6m high. The building would be constructed of brickwork with an artificial slate roof to blend with the materials used in surrounding buildings. The window frames would be of white UPVC.

10. It is ultimately intended to replace the hard play area lost to the extension on the site of the mobile classroom. It is also intended to provide a playing field on the agricultural land to the west. These proposals will form the basis of separate application(s). They will form a departure from the adopted Harborough District Local Plan since the majority of the site is located outside the limit to village development on land designated as open countryside. The proposals will therefore need to be forwarded to the Secretary of State for consideration.

11. The school has no on-site parking. The present arrangement is that the staff use the pub car park opposite the school and by arrangement with the publican. This arrangement will continue. The building programme currently under discussion is for the replacement of existing buildings. It will not result in an increase in either pupil or staff numbers and, therefore, will have no impact on the current vehicular levels within Dunton Bassett.

Consultations

Director of Museums – Archaeological Section

12. No comment.

Harborough District Council – Planning

13. Harborough District Council raise objection to this proposal on the grounds that the neighbouring property (Unit 3, The Barnyard) would suffer an overbearing impact and loss of light. If permitted, the development would be contrary to policies IN/1 and LR/22 of the Harborough District Local Plan.

14. Replies are awaited from:

Dunton Bassett Parish Council Harborough Partnership

Publicity

15. The proposal has been advertised locally by site notices on 25th April 2001 and by letter to nearby residents. A letter has been received from the occupier of The Barnyard who states that he vehemently objects to the location of the proposed classroom, which he claims is within 5 feet of his south facing garden wall. He states that such a structure would deny his property of direct afternoon sun, loss of view from all rear facing windows on the ground floor and that he would look out on to nothing more than a brick wall and tile roof with no daylight visible. He also states that as he and his partner work mostly from home the view would be experienced most weekdays and weekends. Whilst he is the only occupier of the new properties at present he is concerned that others moving into the properties Page 122

2001/0488/03 – continued

will suffer similar consequences. He goes on to say that whilst he is happy with the design of the building itself he asks whether it can be located elsewhere on the site and asks that the matter be either not approved or deferred pending further investigations.

Policy Considerations

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

17. The emerging Harborough District Local Plan (HDLP) contains Policy LR/22 relating to Community Facilities which includes educational uses states that the District Council will grant planning permission for proposals to expand the range of community facilities in the district, where the following criteria are met:

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. Adequate provision is made within the site for parking and servicing.

18. Policy IN/1 suggests that new development should achieve a good standard of layout and design and be in keeping with the scale and character of its surroundings and meet a number of other criteria.

Assessment of Proposal

19. The proposal is subject to Policies LR/22 and IN/1 of the Local Plan. It is considered that the proposal is in keeping with the form and scale of the existing school, which is a brick built building with a slate roof. The proposed building would also match the form and scale of the nearby houses. However, the relevant issue is whether the proposed building would dominate them by reason of height, mass or site coverage.

20. In view of the constraints of the site it has proved difficult to find an alternative location for the extension. The building has been set at a slight angle to the dwellings and is single storey with a pitched roof reaching a height of 6m, which slopes away from the northern school boundary. There is a 3m high trellis and wall between the two developments and no school windows facing the northern boundary. This will ensure that the effect of the building will be minimised and the privacy of residents is protected. The extension will match the nearby buildings in colour and texture of materials. Some planting would be introduced along the boundary to the new houses to the east.

21. The extension will only be used during normal school hours. The land is currently used as a playground with the usual attendant activities. This will be displaced further to the rear of the school site. The pupils will be restrained from accessing the rear of the extension by the provision of gates.

22. However, the new classroom building will be located in close proximity to the nearby residential properties and has the potential to have a dominating and crowding effect on adjacent properties, particularly in relation to the property to the north of the school site. It is clear that the south elevation of that residential Page 123

2001/0488/03 – continued

property will be in the shadow of the new extension. Furthermore, the property to the east, whilst orientated at an angle to the proposed classroom, will have a direct outlook on the extension from both lower and upper windows, which could be intrusive.

23. The staff will continue to use the car parking associated with the public house on the opposite side of The Mount. There will not be any increase in traffic associated with the extension, as it will only accommodate the pupils currently occupying the mobile classroom, which will be demolished.

24. Given the need to provide new accommodation at the school, the difficulties of building an extension elsewhere on the site in order to enable the existing temporary classroom to be removed and the clear educational benefits that would accrue as a consequence, the location of the new proposal is limited on this very constrained site. Balanced against that is the visual impact that the extension will have on the residential amenity by virtue of its height and proximity to residential property on the school boundary. It is accepted that, given its location, efforts have been made to reduce the effect of the proposal on the nearby residential properties. On balance it is concluded that any harm to residential amenities is outweighed by the benefits of the proposal. On this basis the proposal is recommended for approval.

Recommendation

Permit subject to the following conditions:

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

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

(a) the lighting to be provided around the external elevations of the classroom block. (b) 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. It shall make provision for replacement of any specimen tree to be lost as a result of the development. (c) the method of surface and foul water drainage. (d) the materials to be used in the construction of the roof.

3. The approved landscape scheme referred to in condition no. 2(b) above shall be carried out in the first appropriate planting season following the date when the proposed extension is ready for occupation. 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.

4. Unless otherwise agreed in writing with the Director of Planning and Transportation, 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 Page 124

2001/0488/03 – continued

Friday. No such activities shall take place any time on Saturday or 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 Planning and Transportation.

5. The proposed development hereby permitted shall be occupied in association with educational activities of Dunton Bassett Primary School on the site and for no other purposes within Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order, 1987, (or any Order revoking or re-enacting that Order).

6. This consent relates to the application as revised by amended plan 2001/0488B/03 and memoranda from the Director of Property dated 2nd May 2001 and 30th April 2001.

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.

4. To safeguard the amenities of nearby residents.

5. 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.

6. For the avoidance of doubt.

Policies and Proposals in the Development Plan Relevant to the Decision

Policies LR/22 & IN/1 of Harborough District Local Plan, (February 2001):-

Circulation Under Sensitive Issues Procedures

Mr. D. Jennings, CC

Officers to Contact

Miss. A. J Baker (Tel. 265 7050) Mr. L.J. Wojtulewicz (Tel. 265 7040) E-Mail: [email protected]

______Page 125 DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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:

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. Page 126 Page 127 Agenda Item 11h

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – ERECTION OF 2.4m HIGH VERTICAL BAR FENCE AND GATES ALONG ROAD FRONTAGE, MEADOWDALE PRIMARY SCHOOL, OFF RYELANDS CLOSE, MARKET HARBOROUGH (HARBOROUGH DISTRICT)

2001/0712/3 – 23rd May 2001

Description of Proposal

1. It is proposed to erect a 2.4m high vertical bar fence and two pedestrian gates along the road frontage to the school. The new fence would replace the existing 400m high timber post and rail fence, which was put in when the school was originally built. The fence and gates would be made up of vertical bars with pressed spear heads coloured olive green to match the fences and gates, which exist on the school boundary. This will enable the security at the school, newly built in 2000, to be improved.

Consultations

Harborough District Council – Planning

2. Comments awaited.

Publicity

3. The proposal has been advertised locally by site notice on 31st May 2001. No representations have been received within the prescribed timescale.

Planning Policy

4. The Development Plan in this instance consists of the Leicestershire Structure Plan and the adopted Harborough District Local Plan, February 2001. Page 128 2 2001/0712/3 – continued

DC®. BOARD 28/6/01 Page 129 3 2001/0712/3 – continued

5. Policy IN/1 of the Local Plan suggests that new development should achieve a good standard of layout and design and be in keeping with the scale and character of its surroundings and meet a number of other criteria.

Highway Considerations

6. At present visibility for traffic and children both exiting and passing the school is available over the existing low boundary fencing. This will not be possible with the proposed, much higher boundary fence. Consequently, the proposed fence will need to be set back as appropriate to provide satisfactory visibility splays, otherwise erection of the proposed fence would be detrimental to highway safety (a particular concern given school children as pedestrians).

7. In the light of the above, it is recommended that conditions should be imposed in the interests of highway safety. (These are incorporated in the recommendation below.)

Assessment of Proposal

8. The proposal needs to be assessed against the appropriate criteria set out in Policy IN/1 of the Local Plan.

9. The boundaries to the school site, excluding the majority of the road frontage, all have 2.4m high fences and gates in place. The proposal to erect a 2.4m high fence along the frontage would therefore match what is already in place. It would also be finished in the same olive green colour.

10. On the other side of the road there are new houses under construction, whose rear gardens back onto the road. At the back of the houses, on the road frontage opposite the school, there is a 6’ high timber fence. Although the proposed fence is higher than the fencing on the opposite side of the road it will, by reason of its vertical bar design, be more open, thus reducing its effect. It is considered that the fence will not dominate the street scene to an unacceptable extent nor will it adversely affect the established character of the surrounding area, nor the amenities of nearby residents. The design and layout of the fence will minimise the opportunities for crime.

11. Consequently, it is considered that the proposal will accord with the relevant policy of the Local Plan and is recommended for approval accordingly.

Recommendation

Permit subject to the following conditions:

1. The development hereby permitted shall be begun within 5 years from the date of this permission.

2. The fencing and gates hereby permitted shall be erected and retained in an olive green colour.

DC®. BOARD 28/6/01 Page 130 4 2001/0712/3 – continued

3. The proposed fence shall be erected so as to provide a visibility splay of 2.4m x 33m to the right at the existing vehicular exit from the school, in accordance with the standards contained in the Leicestershire County Council document “Highway Requirements for Development”.

4. The proposed fence shall be erected so as to provide 2.0m x 2.0m pedestrian splays on the highway boundary in both directions at the existing vehicular exit from the school, in accordance with the standards contained in the Leicestershire County Council document “Highway Requirements for Development”.

5. Nothing shall be erected or allowed to grow within the visibility splays which exceeds 0.9m in height above the level of the adjoining carriageway.

6. If any tree or shrubs are to be removed as a result of the development they shall be replaced elsewhere on the site in accordance with details to be first agreed in writing with the Director of Planning and Transportation.

7. Any land which will form part of the visibility splays outside the fenceline shall be reinstated to the satisfaction of the Director of Planning and Transportation.

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 external appearance.

3,4. To ensure that an adequate line of vision is available in the interests of road & 5. safety.

6.&7. In the interests of visual amenity.

Notes to Applicant

a.) The conditions numbered 3,4 and 5 will also require the relocation of the existing school gates. The 2.4m set back should be taken along the centre line of the exit measured from its intersection with the edge of the roundabout’s carriageway. The 2m x 2m splays should be measured from the rear of the footway. Plans showing the extent of the splays are to be confirmed with the Highway Authority prior to the erection of the new fence.

b.) The application drawings as submitted do not show the highway layout “as constructed”, and thus should not be used for the purposes of showing the visibility splays required.

Policies and Proposals in the Development Plan Relevant to the Decision

Harborough District Local Plan, February 2001:- Policy IN/1 DC®. BOARD 28/6/01 Page 131 5 2001/0712/3 – continued

Circulation Under Sensitive Issues Procedures

Mr. P. Callis, CC

Officers to Contact

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

______

DC®. BOARD 28/6/01 Page 132 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 Director of Property 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: 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;

DC®. BOARD 28/6/01 Page 133 7 Sched. 9 para (1): minerals discontinuance orders.

DC®. BOARD 28/6/01 Page 134 Page 135 Agenda Item 11i

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – ERECTION OF 1.8M HIGH PALISADE FENCE & GATES TO REPLACE EXISTING FENCE & GATES – WEAVERS CLOSE PRIMARY SCHOOL, ALEXANDER AVENUE, EARL SHILTON (HINCKLEY AND BOSWORTH DISTRICT)

2001/0440/04 – 1ST MAY 2001

Description of Proposal

1. It is proposed to erect a 1.8m high green palisade fence and 2m high gates to replace an existing grey 1.2m high vertical bar fence, and 1.2m high weldmesh gates. The fencing will be on the north and east boundary of the school. On the northern boundary the fence would be in front of a grass area and on the east in front of the staff and visitors car park. The new fencing will provide increased security for the school buildings. The current fencing is in a state of disrepair.

Planning Policy

2. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the Hinckley and Bosworth Local Plan (Feb 2001).

3. Policy CF2 states that planning permission for development on playing fields and ancillary open space or on land currently in use as or allocated for educational purposes, will be granted unless:

(i) The land and/or buildings are still required for educational purposes; (ii) The proposed development/site falls outside the urban area or settlement boundary as shown on the proposals map; (iii) The proposed development would result in a deficiency of public open space or playing fields; (iv) The proposed development would conflict with other policies and proposals of this plan. Page 136 2 2001/0440/4 - continued

DC®. BOARD 28/6/01 Page 137 3 2001/0440/4 - continued

4. Policy BE1 states that a high standard of design in order to secure attractive development and safeguard and enhance the existing environment will be sought for new development. This will include density, layout, scale, mass and design to ensure that is compatible with neighbouring buildings; avoid the loss of open spaces and vegetation; incorporate landscaping into the design.

Consultations

Earl Shilton Parish Council

5. No objection

Hinckley and Bosworth District Council - Planning

6. No objection

Hinckley and Bosworth District Council – Engineering

7. Reply awaited

Publicity

8. The proposal has been advertised by site notices and individual neighbour letters since the 10th May 2001. No representations have been received within the prescribed time scale.

Assessment of Proposals

9. The proposal has to be assessed against criteria set out in Policy CF2 and BE1 of the Local Plan.

10. The proposed fence and gates would be considerably higher than the existing fence, however the fence that is currently in this position is of poor design and condition. Although the fencing and gates proposed are of palisade type in design, they will be coloured green and will be an improvement on that which currently exists.

11. Nearby residents in Alexander Avenue, Astley Road and Weaver Road will overlook the fencing. However the fencing is at a distance from them and is not of a height that will dominate them or the street scene. Consequently it is felt that the palisade fencing will not affect their amenities.

12. The proposal will be in close vicinity to some semi- mature trees, however they would be retained and safeguarded and provide a backdrop to the proposed fencing..

13. Consequently it is considered that the proposal accords with the intentions of relevant local plan polices and is recommended for approval accordingly.

DC®. BOARD 28/6/01 Page 138 4 2001/0440/04 – continued

Recommendations

Permit subject to the following conditions:

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

2. The fence shall be erected and maintained in a green colour as shown on the submitted plan.

3. None of the existing trees, shrubs or hedges along the line of the fence site shall be topped, lopped, uprooted or felled without the prior express consent in writing of the Director of Planning and Transportation.

4 Adequate visibility splays at the proposed exit gates to the site shall be created and thereafter be maintained at all times in accordance with details shown in the submitted 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 enhance the appearance of the development.

3 To safeguard the visual amenities of the area.

4 To ensure that an adequate line of vision is available in the interests of road safety.

Policies and Proposals in the Development Plan Relevant to the Decision

Hinckley and Bosworth Local Plan: Policy CF2, BE1

Circulation Under Sensitive Issues Procedures

Mr. D. R. Bown, CC

Officers to Contact

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

DC®. BOARD 28/6/01 Page 139 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 Director of Property 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.

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – LISTED BUILDING CONSENT TO CARRY OUT RE-ROOFING OF MAIN BUILDING AND ASSOCIATED REPAIR WORK, C OF E PRIMARY SCHOOL, MELTON ROAD, WALTHAM-ON-THE WOLDS (MELTON BOROUGH)

2001/0370/6 – 23rd March 2001

Background

1. Planning permission was granted in October 2000 for an extension to the car park and widening of the access at Waltham on the Wolds C. of E School (ref. no. 2000/0450/6) and that development has now been implemented. Earlier consents have been granted for the siting of mobile classrooms at the rear (west) side of the School.

2. It has become necessary to carry out essential maintenance and repairs to the roof of the building, for which listed building consent is required. This application is submitted under Regulation 13 of the Town & Country Planning (Listed Buildings and Conservation Area) Regulations 1990; should the Board be 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.

Description of Proposal

3. Waltham Primary School is situated on the west side of Melton Road (A607) in the centre of the village, in the designated conservation area. It has a wide frontage to the main road. The main School building and School House is a Grade II listed building dating from 1844, built in Limestone ashlar with a C20th plain tile roof and stone ridge stacks. It is built in the Tudor style with stone mullion windows and stone-coped gables.

DC®. BOARD 28/6/01 Page 142 2 2001/0370/6 – continued

DC& REG BOARD 28/06/2001 Page 143 3 2001/0370/6 – continued

4. The proposed development involves the following works:

• All existing tiles to be removed and replaced with new plain tiles to match existing on the front elevation; • Shingle tiles on the rear elevation and plain tile ‘patches’ to be removed and replaced with similar plain tiles to match; • Removal of redundant roof light on the rear elevation; • Stonework repairs in Ketton stone(or similar) to match existing stonework; • Re-pointing to be sand, lime, aggregate mortar to match; • All raking coping stones and stone detailing to be retained and re-used.

5. For health and safety reasons, it is intended to carry out these repairs during the school Summer holiday break, so an urgent decision is required.

Planning Policy

6. The application site is included within the limits of development on the Melton Local Plan and is within the designated Conservation Area. Proposals for new development within the village limits are subject to a number of criteria, as set out in Policy OS1, that relate to such matters as the scale, appearance, impact on amenities, and parking provision.

7. Policy BE2 of the Local Plan seeks to safeguard the character and appearance of the Conservation Area, by imposing criteria a high standard of design on new development.

8. Policy BE6 of the Local Plan relates to alterations to listed buildings and states that such alterations will not be permitted unless they preserve the character and setting of such buildings.

9. Policy CF2 of the Local Plan states that planning permission normally will be granted for new education facilities on land used for education purposes, subject to satisfactory siting, design, parking access and amenity considerations.

Consultations

Melton Borough Council

10. No objection.

Waltham-on-the-Wolds Parish Council

11. No objection.

Ancient Monuments Society

12. Expresses regret that suspended ceilings will be re-instated in the building.

The Georgian Group

13. No comments

DC& REG BOARD 28/06/2001 Page 144 4 2001/0370/6 – continued

14. Replies awaited from:

Leicestershire Archaeological and Historical Society The Victorian Society (Northern Office) The Society for the Protection of Ancient Buildings English Heritage

Publicity

15. The proposal was advertised on 5th June by site notices and letters have been delivered to nearby residents in Main Street. The proposal was advertised in the Melton Times on 14th June 2001. Any representations will be reported at the Board meeting.

Assessment of Proposal

16. The proposed development needs to be assessed against the policies of the adopted Local Plan relating to Conservation Areas and Listed Building.

17. The proposal involves the repair and replacement of the existing roof to this listed building, which currently consists of a variety of materials that have been introduced over the years. The removal of certain ‘alien’ features, such as the redundant roof light and shingle tiles on the rear elevation, will improve the appearance and integrity of the building. The re-use of plain clay tiles to match the original Rosemary tiles will retain and enhance the appearance and character of the building and the surrounding Conservation Area.

18. In the circumstances, it is considered that the proposal is acceptable, subject to the prior approval of the materials to be used in the repair and maintenance works.

19. The important features of the existing buildings will be maintained and protected during construction so that if it is necessary to remove the entrance porch at any time this can be done without adversely affecting the buildings. Structural alterations will be kept to a minimum and existing doors and windows will be retained.

Recommendation

That the application for Listed Building Consent, together with the observations of Melton Borough Council and the Amenity Societies, be forwarded to the Secretary of State for the Environment for determination and that he be advised that 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. Representative samples and specifications of the materials to be used in the implementation of the approved works shall be deposited with and approved in writing by the Director of Planning and Transportation before development commences. DC& REG BOARD 28/06/2001 Page 145 5 2001/0370/6 – continued

Policies and Proposals in the Development Plan Relevant to the Decision

Policies BE2, BE6 and CF2 of Melton Local Plan.

Circulation Under Sensitive Issues Procedure

Mr J.B. Rhodes CC

Officers to Contact

Mr. C. J. Noakes (Tel 265 7053) Mr J. R. Hockney (Tel: 265 7013) E-Mail: [email protected] ______

DC& REG BOARD 28/06/2001 Page 146 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 Director of Property 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: 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& REG BOARD 28/06/2001 Page 147 Agenda Item 11k

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – REPLACEMENT OF SINGLE MOBILE CLASSROOM WITH DOUBLE MOBILE CLASSROOM AT GREAT DALBY PRIMARY SCHOOL, TOP END, GREAT DALBY (MELTON DISTRICT)

2001/0115/6 – 22ND FEBURARY 2001

Background

1. Consent for a single mobile classroom was originally approved in February 1989 under ref 1988/0893/6). Members also considered a planning application (ref 2000/0404/6) at the Regulatory Board meeting in August 2000 for extensions and internal alterations to create a hall store, a lobby/reception area, home economics area. Consent was granted for these developments but work has not been carried out yet and is not programmed in the near future.

2. There is no on-site car parking available but the School makes use of the car park at the village hall on the opposite side of the road. This use is not subject to any formal or legal arrangement and about 10 cars can be accommodated on that area. There are 5 teaching staff and 5 ancillary staff employed at the School. From time to time, up to 5 extra staff can be on site (e.g. school meals and crossing patrol). Parents make use of any surplus spaces on the village hall area.

3. There are currently 116 pupils at the School, rising to 125 on roll in September 2001. They occupy 4 classrooms, including the existing single mobile classroom unit placed at the rear of the School site in the mid- 1980s.The proposal will result in one additional class with one additional teacher at the school.

Description of Proposal

4. It is intended to replace the single mobile classroom with a new double mobile classroom unit. The double mobile classroom would measure 15m by 8m by 3m at its largest dimensions, compared to the single mobile that measures approximately 9m by 8m and is 3m in height. The playing fields at the rear of the school slope down towards the surrounding countryside.

Page 148 2 2001/0115/06 - continued

DC®. BOARD 28/6/01 Page 149 3

2001/0115/06 - continued

5. The application site is within the Great Dalby Conservation Area and is close to the listed building of Dale Farmhouse and St Swithins Church. There are residential properties along both sides of Top End, set behind hedges and walls. The road is quite narrow outside the School, and falls markedly downhill towards the village in the east. It provides a ‘C’ Class road link through the village between Melton Mowbray and Kirby Bellars/Ashby Folville.

6. The front of the School site is occupied by a hard play area behind a low boundary brick wall. The School playing field forms a wedge of open space to the east side, behind a thick boundary hedgerow on the road frontage.

Planning Policy

7. Proposals for new development within the village limits are subject to a number of criteria, as set out in Policy OS1, of the Melton Local Plan adopted (1999). This relates to such matters as the scale, appearance, impact on amenities, and parking provision.

8. Policy CF2 of the Local Plan states that planning permission normally will be granted for new education facilities on land used for education purposes, subject to satisfactory siting, design, parking, access and amenity considerations.

9. Policy BE2 of the Local Plan seeks to safeguard the character and appearance of the Conservation Area, by imposing criteria to achieve a high standard of design in new development. Similarly Policy BE3 states that planning permission will not be granted for development which would adversely affect the setting of a listed building.

10. The School playing field to the east of the site is included in the Local Plan as a protected open area. Policy BE12 of the Local Plan states that planning permission will normally be granted development within protected areas if it is associated with an existing use and that the development would not adversely affect the intrinsic character of the area.

Consultations

Melton Borough Council

11. Expresses concern that the effective expansion of the existing temporary building does not preserve or enhance the character and appearance of the Great Dalby Conservation Area. Suggests that only temporary planning permission be granted.

Burton and Dalby Parish Council

12. No objections

DC®. BOARD 28/6/01 Page 150 4 2001/0115/06 - continued

Publicity

13. This proposal has been advertised in the Melton Times on the 15th March 2001 and by site notices and individual neighbour letters on the 2nd March 2001. The amended proposal has been advertised since the 24th May by site notices and individual neighbour letters. No representations have been received within the prescribed time-scale.

Assessment of Proposals

14. The position of the proposed mobile classroom has been amended since the original proposal was submitted. The siting of the mobile classroom has turned through 90 degrees, so that it is in a north east to south west direction rather than a north west to south east direction. The position of the mobile would be lower than the school building, ensure that it is less intrusive.This means that it will be less visible from outside the site and the curtilages of the nearby listed buildings. It will have less impact on the surrounding locality, including the conservation area. The revised siting means that the development will not encroach into the protected open area as stated in Policy BE12.

15. The proposed development is within an area currently used for educational purposes, therefore this type of development is considered to be suitable in principle, as implied by the Local Plan Policy CF2.

16. The replacement mobile classroom will have no greater impact on the Conservation Area or the amenities of nearby residents, due to its scale and position. It would not have any increased impact on the protected open area to the east of the School building.

17. However whilst not further detracting from the existing situation, the continued retention of mobile classrooms on the site neither enhances nor preserves the character of the Conservation Area. A more appropriate, permanent solution should be sought for this location. In the circumstances, it is considered appropriate to grant a temporary consent for the development, with an indication that should the need for additional accommodation be anticipated after this date a permanent extension should be provided. Such indication will give the Education Authority the opportunity to investigate the need and feasibility of extensions at the school.

18. Parking provision remains a problem on the site, relying on the availability of spaces at the village hall opposite. The proposed replacement from a single mobile classroom to a double mobile classroom will result in one additional teacher being employed on the site. Such a small increase is insufficient to warrant objection.

Recommendation

Permit subject to the following conditions:

1. This permission is limited to the period expiring on 31st July 2004. Immediately on the expiry of that period the building hereby permitted shall be removed, unless in the meantime a further planning permission has been granted in writing by the County Planning Authority.

DC®. BOARD 28/6/01 Page 151 5 2001/0115/06 – continued

2. This consent relates to the application as amended by revised Plan No. 2001/0115A/06.

3. Within 3 months of being placed on site, the mobile classroom hereby permitted shall be treated and retained with a dark brown external colour finish.

4. The temporary classroom hereby permitted shall only be occupied by the school in association with 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. The materials to be used in the construction of the building make it unsuitable for a permanent permission and to enable the County Planning Authority to reconsider the situation at the end of to reconsider the situation at the end of this period.

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

3 To ensure a satisfactory external appearance.

4 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.

Note To Applicant

It is considered that, if there is likely to be a longer-term need for additional school places at this site, then suitably designed permanent extensions should be built. The continued retention of temporary accommodation in this sensitive Conservation Area location is not considered acceptable.

Policies and Proposals in the Development Plan Relevant to the Decision

Melton Borough Local Plan Policies OS1, CF2, BE2, BE3, BE12.

Circulation Under Sensitive Issues Procedures

Mr. B. Chapman, AE, CC

Officers to Contact

Miss M. Crees (Tel 265. 7050) Mr. C.J. Noakes (Tel. 265 7053) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 28/6/01 Page 152 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 Director of Property 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: 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 28/6/01 Page 153 Agenda Item 11l

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – CONSTRUCTION OF TARMAC TRACK – BETWEEN BATTRAM ROAD AND BYWAY Q90 (LINKING TO PRETORIA ROAD,) IBSTOCK PARISH (NORTH-WEST LEICESTERSHIRE DISTRICT COUNCIL)

2001/0148/7 7th February 2001

Background

1. The Countryside and Rights of Way Act 2000 seeks to give more opportunities to all groups of people to enjoy the countryside. Public Rights of way are seen as vital to give people access to their local countryside. Leicestershire has approximately 2200 miles of public footpath, bridleway and byway.

Description of Proposal

2. The proposal would involve the construction of 1.64 km of new trackway, 3.5 metres wide, to join Battram with cul de sac Byways Q77 from Overton Road and Q90 from Pretoria Road, Ibstock. The proposed route would link also with an existing ‘ratione tenurae’ (RT) track, which is a medium aggregate right of way that is maintained by the landowner. This track has been made by the National Forest Commission.

3. The new trackway would be provided for all-season use by walkers, wheelchair users, pram pushers and horse riders as well as pedal bikes. It will accommodate forestry vehicles for maintenance work only. The route will be maintained by Leicestershire County Council as the highways authority.

4. The surface of the track will be fine aggregate and be of a similar style to that of a country lane in that it will not have kerbs. The initial geometric line will soon be visually softened by grass spreading over the edges.

5. Development of the track would start in late 2001 if planning permission were granted. This would mean that the route should be available to walkers by summer 2002. Four sets of gates will be erected along the route to prevent it Page 154

Page 155 Page 156

2001/0148/7 – continued

being used by motor vehicles. Details of the gates will be treated as a ‘reserved matter’. It is also intended to replace a bridge for a stream crossing on Q81; details of this have not yet been submitted and also should be treated as a ‘reserved matter’.

6. The proposed tarmac track would provide an additional route in the local cycle network and would probably be part of the Peterborough to Burton National Cycle Network link at some time in the future.

7. The proposal has been amended since the original application was submitted, through dialogue with interested parties, including respective land-owners. The route of the adopted bridleway has been amended from the line of upgraded Q81 to shared use of the RT track. Part of this track has been surfaced with aggregate, which means that less material would be needed to complete the route and hence footpath Q81 can be maintained as a footpath. The Forestry Commission has received a National Forest grant to plant along routes in an attempt to create woodland walks in the future. In using the RT route the proposal can benefit from areas that have been planted.

Planning Policy

8. Structure Plan, Leisure Policy 6 provides that planning permission will be granted if advantage can be taken to secure improved access into the countryside. The County Council recognises the need to maintain and improve the rights of way networks as a recreational resource. It also supports the development of suitable routes for walkers, horse riders, cyclists and the disabled, within the countryside.

9. The Coalville Area Local Plan (1979) contains no specific policies relevant to this proposal.

10. In the Deposit Local Plan for NW Leicestershire the site is located within the countryside. Policy S3 states that development may be permitted for recreation and tourism related purposes.

11. Although the Local Plan does not contain a specific policy on improving existing footpaths, it states that there is a need to protect and improve existing footpaths and that co-ordination for a network of linked footpaths is required. The plan promotes the provision of appropriate surfacing materials, provision of waymarking, and creation or protection of wildlife habitats in association with footpaths. It states that environmental improvement projects should seek to improve the attractiveness of footpaths and their environments.

12. The Deposit Plan contains no polices relating to the creation of Public Rights of Way, it does state that they are an important recreation resource in their own right, and provide opportunities for people to enjoy the countryside around towns and villages.

13. The Rural White Paper (2000) sets out the Government’s proposals to open up the countryside to the public. Measures that are included are: Page 157 5 2001/0148/7 – continued

(i) A new right of access for walkers by 2005 to mountain, moor, heath, down and registered common land;

(ii) New powers (in the [then] Countryside and Rights of Way Bill) for landowners to dedicate their land as permanently open to walkers and other users;

(iii) The rights of way system brought up to date through the new legislative measures in the Countryside and Rights of Way Bill and new finance from central Government;

(iv) Codes of practice, a national access database and other readily available sources to inform people of opportunities available in the countryside;

(v) A review of how to provide more opportunities for all groups of people to enjoy countryside recreation;

(vi) New guidance on revitalising country parks and special funding to improve the country around towns.

14. The Leicestershire Rural Strategy 2001-2006, supports the Rural White Paper requirement for community development programmes. It suggests that inadequate sport, leisure and recreation facilities can be improved by using existing facilities more creatively. The strategy seeks to achieve this by providing more methods of access. The rural transport programme focuses on improving walking and cycle routes to link rural areas.

Consultations

North West Leicestershire District Council

Ibstock Parish Council

15. The Parish feels that the track needs some means of slowing down motor cycles, but at the same time allowing access for disabled wheel chair users.

Bridleways Association

16. The Bridleway Association supports this application, however they would like to be consulted on the design and siting of the proposed gates and bridge and would be happy to make site visits to facilitate this.

17. Replies awaited from:

Footpaths Association The National Forest Company

Publicity

18. The amended plan has been advertised in the local press on the 1st June 2001, and by site notices, and neighbour letters since the 24th May 2001. Individual

DC®. BOARD 28/6/01 Page 158 6 2001/0148/7 – continued

letters have been delivered or sent to residents in Battram Road, Pretoria Road and isolated properties close to the proposal.

Representations Received

19. One representation has been received on the original proposal from a resident in Battram Road, expressing concerns about:

(i) prevention of motor vehicles using the track; (ii) speed of forestry vehicles that currently use track; (iii) request that signs be erected stating gates to be kept closed; (iv) possibility of locking bollards.

Assessment of Proposal

20. The proposal would provide a considerably shorter route for pedestrians between Battram Road and Pretoria Road than the current route by road. It would link Battram to Ibstock and would perhaps divert pedestrian traffic from Ellistown, providing a more pleasant route divorced from road traffic. The proposal would provide a useful route for walkers, cyclists and other users. It would encourage people to use the countryside. The development accords with the objectives of the Rural White Paper and the Leicestershire Rural Strategy.

21. The route would give the local community a right of way that would be suitable for everyday use. There is currently planting taking place within this area which would provide further benefits for future users. Dog walkers use part of the route that is currently a Public Right of Way.

22. If and when confirmed the route would be signposted with National Cycle Network signs. Motor vehicles will be prevented from using the track by the erection of 4 sets of gates. Signs would be erected stating that gates should be kept closed.

23. The proposal accords with the general objectives of Policies Leisure Policy 6 of the adopted Structure Plan and Policy S3 of the Deposit Local Plan.

Recommendation

Permit subject to the following conditions:

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

2. Before any development is commenced on site, full details of the siting, design, appearance and specification of the access control gates to be erected on the submitted route shall be approved in writing by the Director of Planning and Transportation.

3. Before any development is commenced on site, full details of the design, appearance and specification of the stream crossing as shown on the submitted plan shall be approved in writing by the Director of Planning and Transportation.

DC®. BOARD 28/6/01 Page 159 7 2001/0148/7 – continued

4 Before relevant sections of the route are brought into use, the access gates and stream crossing, as approved under the requirements of condition 3 and 4 above, shall be constructed and thereafter maintained in position at all times.

Reasons

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

2, To ensure that a satisfactory form of development that is compatible with 3& the locality, to safeguard rural amenity and to prevent inappropriate use of 4. the proposed route by vehicular traffic.

Policies and Proposals in the Development Plan Relevant to the Decision

Leicestershire Structure Plan Policy L6

Circulation Under Sensitive Issues Procedures

Mr. P. A. Hyde, CC

Officers to Contact

Miss. M. A. Crees (Tel. 265 7050) Mr. C.J. Noakes (Tel. 265 7053) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected]

______

DC®. BOARD 28/6/01 Page 160 8

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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:

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 28/6/01 Page 161 Agenda Item 11m

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL RELOCATION OF EXISTING DOUBLE MOBILE CLASSROOM AND SITING OF ADDITIONAL DOUBLE MOBILE CLASSROOM WITH TOILETS – IBSTOCK HIGH SCHOOL OFF CENTRAL AVENUE, IBSTOCK (NORTH WEST LEICESTERSHIRE DISTRICT)

2001/0323/7 –27th March 2001

Background

1. Members may recall determining planning application (ref 2001/0166/7) for the demolition of existing demountable buildings and the erection of a new science block at the Board meeting in April 2001. The new science block will be located in a position close to an existing mobile classroom, which needs to be relocated to accommodate the new building.

Description of Proposal

2. It is proposed therefore to relocate the existing double mobile classroom and site an additional double mobile classroom to the north west of the school buildings along the north west boundary of the site. The double mobile classrooms would measure 15m by 8m and be 3m high at their largest dimensions and would be treated and maintained in a dark brown colour.

3. There is a 2m high hedge to the north west boundary of the school. On the other side of this boundary hedge are District Council elderly persons bungalows. To the east of the application site are the main school buildings. Whilst the school playing fields are situated to the south and west.

4. The additional mobile classroom is required to accommodate a larger than average new entrance year for the 2001 and 2002 intake which will work its way through the school. The total numbers of pupils at the school is expected to return to current levels in 4 years time. No additional teacher would be required. Page 162 2 2001/0323/7 – continued

DC®. BOARD 28/6/01 Page 163 3 2001/0323/7 - continued

5. The application site for the proposed relocation and additional mobile classroom has been amended twice. At first the position for the mobile classroom was to the south east end of the school site. However it was felt that this would be too far from the main school building and would not be secure, therefore subject to vandalism. The first amendment (A) involved a position along the north west boundary so that both mobiles would be adjacent to the hedge. It was felt that this would prevent a considerable amount of sunlight and would be overbearing to nearby residents of the adjacent bungalows on Central Avenue. The final amendment (B) was chosen in response to the possible effects on residential amenities.

Planning Policy

6. The application site is included within the limits of the development on the Coalville Area District Plan (1979), however there are no specific policies relevant to this proposal.

7. It is also within the limits of development on the Deposit Local Plan for North West Leicestershire. Policy S2 contains a presumption in favour of development within the built up limits. The emerging North West Leicestershire Local Plan, Leisure Policy 13 states that recreation land to the rear and west of the school shall be protected as recreational open space and development will not be permitted unless:

(i) The Local Planning Authority is satisfied that redevelopment of the site would not result in an under-provision of open space in relation to the recreational needs or local amenities of the area; or (ii) Provision is to be made by the developer for replacement recreational facilities of equivalent community benefit in a suitable location in the locality prior to the commencement of development; or (iii) The existing facilities can best be retained and enhanced through the redevelopment of a small part of the site.

Consultations

8. Replies awaited from:

North West Leicestershire District Council – Planning North West Leicestershire District Council - Housing Ibstock Parish Council Sport England

Publicity

9. The latest amended proposal (B) has been advertised on the 30th May 2001, by site notice and by individual neighbour letters. Two letters of representation were received in regard of the original amendment (A) and (B) as reported below.

DC®. BOARD 28/6/01 Page 164 4 2001/0323/7 - continued

Representations Received

10. Two individual letters from the same resident on Central Avenue concerning the position of the proposed mobile classroom in relation to their home. They feel that the amended Plan (B) is an improvement, but they are concerned about:

(i) The amount of light that would be blocked by the classroom leaving their kitchen in permanent darkness. They would like the location of the mobile classroom to be reconsidered; (ii) Litter that is currently thrown over the hedge increasing; (iii) Maintenance of the hedge height; (iv) Significant increase in noise.

Assessment of Proposals

11. It is felt that the amended position of the mobile classrooms would be secure and close to the school buildings. They would not adversely affect the amenities of nearby residents, in terms of light or noise, as the nearest mobile would be 4.5m away from the boundary. The existing 2m high hedge would ensure that residents would not overlook the mobile classrooms. The mobile is adjacent to an open grass area between the existing bungalow on Central Avenue and the mobile is in such a position that it does not significantly block the amount of light reaching the windows of these adjacent properties. The mobile will only have a minimal impact on light or residential amenities and in any event the windows of dwellings are at least 6m from the nearest point of the mobile classroom.

12. Although the mobile classrooms would be situated on playing fields there are still substantial playing space available. The area that would be occupied by the mobile classroom is not marked out for any sporting activity and therefore no loss of designated playing field would occur.

13. The additional mobile would not lead to an increase in staffing numbers at the school so additional parking facilities are not required for this development.

14. It is felt that this position is the most suitable location for the mobile classroom within the school site at present.

Recommendations

Permit subject to the following conditions:

1 This permission is limited to the period expiring on 31st July 2006. Immediately on the expiry of that period the building hereby permitted shall be removed, unless in the meantime a further planning permission has been granted in writing by the County Planning Authority.

2 Within 3 months of being placed on site, the mobile classroom hereby permitted shall be treated and retained with a dark brown external colour finish.

DC®. BOARD 28/6/01 Page 165 5 2001/0323/7 - continued

3 The temporary classroom hereby permitted shall only be occupied by the school in association with 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 The existing hedge along the north – west boundary shall be retained and maintained at a minimum height of 2m.

Reasons

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

2 To ensure a satisfactory external appearance.

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 To safeguard the appearance of the locality and the amenities of nearby residents.

Policies and Proposals in the Development Plan Relevant to the Decision

None

Circulation Under Sensitive Issues Procedure

Mr. P. A. Hyde CC

Officers to Contact

Miss. M. Crees (Tel 265.7050) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 28/6/01 Page 166 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 Director of Property 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: 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;

DC®. BOARD 28/6/01 Page 167 7 Sched. 9 para (1): minerals discontinuance orders.

DC®. BOARD 28/6/01 Page 168 Page 169 Agenda Item 11n

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – CONSTRUCTION OF BRICK EXTENSION FOR STORAGE PURPOSES – IBSTOCK CHURCH OF ENGLAND INFANT SCHOOL, LAUD CLOSE IBSTOCK (NORTH WEST LEICESTERSHIRE DISTRICT)

2001/0443/7 – 25th April 2001

Description of Proposal

1. The school requires storage space to store play equipment, for PE lessons and general play activities. This equipment is currently stored in one end of a classroom. This space needs to be released to provide a more practical teaching space and access to the classroom washing facilities.

2. It is proposed to construct a brick built extension to store the play equipment and toys. The extension would measure 3.6m by 5.2m and would be 2.5m high at its largest dimensions. The brickwork would match the existing school building and the roof would be flat with a roof light measuring 1m by 1m.

3. Access to the toy store would be provided by a ramp on the external elevation and from one existing classroom door. An additional internal door also would be created.

4. There is a 2.5m hedge along the north boundary of the school site which separates it from footpath Q69.

Planning Policy

5. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the emerging North West Leicestershire Local Plan (1995) (as proposed to be modified). There are no specific policies in these documents that are relevant to this proposal. Page 170 2 2001/0443/07 - continued

DC® BOARD 28/6/01 Page 171 3 2001/0443/07 - continued

Consultations

North West Leicestershire District Council

6. No objections.

Ibstock Parish Council

7. Reply awaiting.

Publicity

8. The proposal has been advertised by site notices and by individual neighbour letters to residents in Rowan Drive on the10th May 2001. No representations have been received within the prescribed time scale.

Assessment of Proposals

10. The proposal would mean the loss of some playground area, however there is still sufficient playground area left for the number of pupils.

11. The proposed extension would make more classroom space available and this would mean that better use could be made of the existing school facilities. Storing play and toy equipment in the classroom is not practical and looks untidy. It is also difficult to get to the equipment out when it is required, and causes disruption to teaching activities in the room.

12. The scale and design of the proposed extension is well related to the existing building. Building materials will match the existing school building. It will not have a significant impact on the visual amenities of the locality or residential amenity. The character of the school building will be suitability maintained and therefore there are no objections to this development.

Recommendations

Permit 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, including any new walls shall be carried out using matching external materials to those on the existing building on site. Details of such materials shall be submitted to and agreed in writing by the Director of Planning and Transportation before development commences.

3. None of the existing trees, shrubs or hedges on the site shall be topped, lopped, uprooted or felled without the prior express consent in writing of the Director of Planning and Transportation.

DC® BOARD 28/6/01 Page 172 4 2001/0443/07 - continued

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 external appearance and grouping of materials.

3. To enhance the development and safeguard the appearance of the locality.

Policies and Proposals in the Development Plan Relevant to the Decision

None

Circulation Under Sensitive Issues Procedures

Mr. P. A. Hyde, CC

Officers to Contact

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

DC® BOARD 28/6/01 Page 173 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 Director of Property 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: 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 28/6/01 Page 174 Page 175 Agenda Item 11o

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – (i) EXTENSION TO PROVIDE NEW SIXTH FORM I.T. CENTRE AND STORE; AND (ii) EXTENSION TO PROVIDE REPROGRAPHICS ROOM AND STORE, ASHBY GRAMMAR SCHOOL, OFF NOTTINGHAM ROAD, ASHBY (NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL)

2001/0479/7 – 14th May 2001

Background

1. Planning consent was granted in April 2000 for alteration and extensions at the Grammar School to provide a new science block and dining hall on the south east side of the School buildings. That development has been commenced and partially completed.

Description of Proposal

2. This application relates to the erection of two small extensions on the north-west side of the School, adjacent to the library block and 6th form block. The existing buildings on this side of the premises are single storey, flat roofed structures, around an internal courtyard.

3. The new 6th form IT centre and library block would measure 8m by 10m by 3m high. It would be erected in a corner of the library block in a matching design, with flat roof, facing brickwork and aluminium windows. There would be a new entrance lobby on the north side leading into the refurbished 6th form block itself. On the opposite side of the block there would be a small store and reprographics room measuring, 5m by 6m, also in matching design.

Planning Policy

4. The application site is included within the limits of development on the Ashby de la Zouch Local Plan (1989), but there are no specific policies or proposal in that Plan affecting the proposal. Page 176 2 2001/0479/7 - continued

DC®. BOARD 28/6/01 Page 177 3 2001/0479/7 - continued

5. It is also within the limits of development on the Deposit Local Plan for North West Leicestershire. There are no specific policies relating to the provision of educational facilities, but Policy S2 contains a presumption in favour of development within the built up limits.

Consultations

North West Leicestershire District Council (Planning)

6. No objections

Ashby Town Council

7. Reply awaited

Severn Trent Water

8. No objection

Publicity

9. This proposal has been advertised by site notices, posted on 15th May 2001. No representations have been received within the specified period for response.

Assessment of Proposals

10. The new extensions are relatively small scale in the context of the existing buildings on site. They are well contained within the existing campus and screened by existing vegetation around the site. The extensions would be constructed in a matching external appearance to the buildings to which they are attached. In the circumstances, the development is considered to be acceptable.

Recommendation

Permit, subject to the following conditions:

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

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.

DC®. BOARD 28/6/01 Page 178 4 2001/0479/7 - continued

2. To ensure a satisfactory grouping of materials in the interests of visual amenity and to safeguard the appearance of the locality.

Policies and Proposals of the development plan relevant to the decision

None

Circulation Under Sensitive Issues Procedures

Mr. E Palmer CC

Officers to Contact

Mr. C.J. Noakes (Tel: 265 7053) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected]

______

DC®. BOARD 28/6/01 Page 179 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 Director of Property 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: 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 (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 28/6/01 Page 180 Page 181 Agenda Item 11p

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – CONVERSION OF EXISTING BUILDING INTO MUSEUM AND OFFICES, FORMER MEASHAM RAILWAY STATION, OFF WILKES AVENUE, MEASHAM (NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL)

2001/0547/7 – 22nd May 2001

Background

1. The County Council purchased the line of the former Measham-Moira railway line in 1987 with the benefit of Derelict Land Grant. Since that date, much of the route has been restored to create the Ashby Woulds Heritage Trail for cyclists and pedestrians, between High Street, Measham and Shortheath Road, Moira. Other related restoration projects have taken place in the intervening years, including the creation of Donisthorpe Country Park (on the site of the former Donisthorpe Colliery) and the more recent restoration of sections of the Ashby Canal through the area.

2. Various proposals have been approved on the site of the former Measham Station and its yard, at the southern end of the disused railway line. Consent was granted in December 1996 for restoration works to this site, including the excavation, removal of contaminated material, regrading of the site and construction of an access road and car park. Other proposals include the following:

(i) re-profiling of the Ashby Canal between Snarestone and Measham, with new basin on the opposite (north) side of High Street (approved March 1999 under ref. no. 99/0077/7); (ii) creation of a millennium garden, including medical garden and nature area (approved October 1999 under ref. no. 99/0729/7); and (iii) conversion of existing railway shed into boat repair shed (approved August 2000 under ref. no. 2000/0606/7).

DC®. BOARD 28/6/01 Page 182 2 2001/0547/7 – continued

DC®. BOARD 28/6/01 Page 183 3 2001/0547/7 – continued

3. These schemes have been, or are soon to be, carried out as part of the comprehensive restoration of the Measham Station site by a partnership of East Midlands Development Agency, Countryside Agency, Millennium Commission, Measham Development Trust, and the County and District Councils. The County Council is now seeking permission for the use of the former station building at the western end of the site as a local Museum, with small office units for local business users.

Description of Proposal

4. The former Station is an attractive, single-storey building dating from the late 19th century, albeit not ‘listed’. It is within the Measham Conservation Area close to the new site entrance off Wilkes Avenue. The existing building is erected in red brick with feature course details. Windows have matching stonework lintels and surrounds. There are timber braces supporting the overhanging eaves, which are formed by a series of shallow hipped roofs.

5. It is now intended to carry out essential repair and refurbishment of the fabric of the building, including the external brickwork and windows. New windows and doors will be inserted where necessary, whilst new lintols and foundations are proposed in certain positions. Cast iron support columns will be replaced on the ‘front’ elevation of the station, and the roof will be stripped and repaired as necessary, re-using the existing natural slates. All external works will be carried out in matching details and materials.

6. Inside the refurbished building it is intended to carry out alterations to create 4 offices, a museum display area, reception, store and toilet facilities, all on the ground floor. A mezzanine floor would be introduced in the central part of the building, to provide an additional office space with roof lights above. These internal works involve the removal of existing walls, insertion of beams and new partition walls. The overall scheme will provide some 270 sq. m. of floorspace.

7. The curtilage of the building would abut the earthworks of the proposed Canal on its southern side, whilst the external area would be laid out in brick paviors and stone slabs. There would be a new boundary brick wall to the west side and hedgerow planting around the east side of the site. 12 car parking spaces would be provided to the east of the building, served by a separate access off Wilkes Avenue. Tree planting is proposed to the front and side of the Station building.

8. There is residential development to the north and west of the site, off Wilkes Avenue and High Street (Railway Terrace). The other sides of the site adjoin the restored land in County Council ownership, including the newly established Medical Garden immediately to the east.

Planning Policy

9. The application site is included within the built up limits of development in the adopted Ashby Woulds District Plan (1980), but there are no policies within the Plan that relate specifically to the proposal.

DC®. BOARD 28/6/01 Page 184 4 2001/0547/7 – continued

10. Measham Railway Station site is covered by Policy L9 of the Deposit Local Plan for North West Leicestershire. This policy provides for recreation and tourism use of the station building and the safeguarding the route of the Heritage Trail and Ashby Canal. Policy E10 of the Deposit Local Plan seeks to prevent development that would be detrimental to the character and appearance of the Conservation Area, including the loss of open space, views, natural features and amenity.

11. PolicyE11 seeks to prevent the demolition of buildings, or parts thereof, that make a positive contribution to the character and appearance of the Conservation Area, based on the broad criteria set out in Planning Policy Guidance Note 15 (‘Planning and the Historic Environment’)

Consultations

North West Leicestershire District Council (Planning)

12. Reply awaited

Measham Parish Council

13. Reply awaited

Severn Trent Water

14. Reply awaited

Publicity

15. This proposal has been advertised in the local press and by site notices, posted on 24th May 2001. Individual letters have been delivered to nearby occupants of dwellings in High Street and Wilkes Avenue. No representations have been received within the prescribed period.

Assessment of Proposals

16. The disused Measham Station is an attractive building within the designated Conservation Area with historic connections to this part of the settlement. The retention and renovation of the building will preserve and enhance the character of the locality, and ensure that beneficial use of the premises is achieved. Such development will accord therefore with the objectives of the policies in the Deposit Local Plan for the area.

17. Its proposed use as a museum with office/workshop space will complement other restoration proposals on the old Station Yard, some already implemented and some proposed. The use will fit into the future recreational and community uses of the site, which already has a local business operating in the former goods shed. The proposed uses will not impact adversely on the amenities of nearby residents, subject to restrictions on the activities carried out in the premises.

DC®. BOARD 28/6/01 Page 185 5 2001/0547/7 – continued

18. In the circumstances, the proposal is considered to be acceptable, subject to appropriate conditions relating to the use of the premises, landscaping provision and the availability of off-street car parking facilities.

Recommendation

Permit, 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 not be carried out otherwise than in complete accordance with the approved plans and specifications; any amendments or alterations to the materials to be used or means of construction shall be the subject of the prior written consent of the Director of Planning and Transportation.

3. Representative samples of the materials to be used externally in the construction of the proposed building shall be deposited with and approved in writing by the Director of Planning and Transportation before development commences.

4. The landscape scheme indicated on the submitted plans shall be carried out during the first appropriate planting season following the date when the building is ready for use. Details of the materials proposed for all ground surfaces, together with the size and type of all planted species and their disposition, shall first be agreed in writing by the Director of Planning and Transportation. All planted material shall be 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.

5. Details of siting, design and appearance of any boundary walls and fencing to be erected on the site shall be submitted to and agreed by the Director of Planning and Transportation before development commences

6. Before the building is brought into use, the proposed car parking and access road shall be suitably surfaced in a tarmacadam or similar hard bound material and marked out in accordance with the details included in the submitted application. Thereafter they shall remain free from obstruction and available for such purposes at all times.

7. Notwithstanding the submitted plans, prior to the development being brought into use, secure cycle parking shall be provided and thereafter maintained within the curtilage of the site. Details of the level and type of provision shall be submitted to and first agreed in writing by the Director of Planning and Transportation.

8. Prior to the approved car parking area being brought into use, 2m by 2m pedestrian visibility splays shall be provided and thereafter maintained on both sides of the access road. No obstruction to visibility above 600mm in height shall be permitted within these splays.

DC®. BOARD 28/6/01 Page 186 6 2001/0547/7 – continued

9. Prior to the approved car parking area being brought into use, 2m by 4.5m visibility splay shall be provided and thereafter maintained on the eastern side of the access road. No obstruction to visibility above 900mm in height shall be permitted within this splay.

10. The use of the premises hereby permitted shall be strictly limited to purposes as a museum (or ancillary thereto) and those specified in Class B1. No other uses shall be made of the premises, including any other use specified in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order, 1987, (or any Order revoking or re-enacting that Order).

Reasons

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

2. To ensure a satisfactory form of development in the interests of the visual and environmental amenities of the Conservation Area.

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

4. In the interests of visual amenities of the area and to ensure that the work is carried out within a reasonable period and is properly maintained.

5. To enhance the appearance of the development in the interests of visual amenity.

6. In the interests of road safety and to ensure that suitable parking and servicing facilities will be available to serve the premises when they are brought into operation.

7. To ensure that adequate provision is made cycle users at the premises.

8&9 To ensure that an adequate line of visibility is available in the interests of road safety.

10. 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.

Note to Applicant

All works within the limits of the Highway with regard to the access shall be carried out to the satisfaction of the Western Divisional Surveyor, (Tel. Ashby 414151).

Policies and Proposals of the development plan relevant to the decision

None

DC®. BOARD 28/6/01 Page 187 7 2001/0547/7 – continued

Circulation Under Sensitive Issues Procedures

Mr. S. Sheahan CC

Officers to Contact

Mr. C.J. Noakes (Tel: 265 7053) Mr. J. R. Hockney (Tel: 265 7013) E-Mail: [email protected] ______

DC®. BOARD 28/6/01 Page 188 8

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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: 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 28/6/01 Page 189 Agenda Item 11q

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – SITING OF SINGLE MOBILE CLASSROOM – OAKTHORPE PRIMARY SCHOOL, SCHOOL STREET, OAKTHORPE (NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL)

2001/0552/07 – 23rd May 2001

Background

1. Consent was granted in August 1987 under ref (1987/0543/07) for a single storey extension to the side and rear of the main school building to form a hall. In 1988 consent was granted for a mobile classroom to form a kitchen/dining room. This was originally provided by British Coal, however in 1993 consent was granted for the mobile classroom to be used as a nature study resource centre. This mobile is now used by a private playgroup/nursery and is not suitable for a general classroom. In the near future engineering work will be carried out to stabilise and regrade the playing field.

Description of Proposal

2. The front of the school building has had a substantial amount of landscaping and planting over the years. Along the boundary fence there are several good species of mature trees planted, providing an attractive view of the school from the street frontage. There are mainly open views of the surrounding countryside to the opposite side of the School Street with some large detached residential properties with substantial gardens.

3. The school site rises gradually towards the school buildings. This would mean that the mobile would be slightly higher than the ground at the front of the school.

4. It is proposed to site a single mobile classroom to the south east of the school building on the front elevation of the school site. This would mean the removal of one young silver birch tree that is currently located in this position. This tree would be replaced with suitable specimens. Page 190 2 2001/0552/07 – continued

DC®. BOARD 28/6/01 Page 191 3 2001/0552/07 – continued

5. Years 3 and 4 in the School are relatively large and it was intended to split this group between two teaching areas. It was originally intended that this would be achieved through internal arrangements. However the school has secured a grant to convert this internal space into an UK ICT online centre which would have 15 computers with access to the Internet. This facility would be available to school pupils, the local community and local businesses.

6. There are 96 pupils on role at the school (June 2001). However this will increase to 114 in January 2002. Most of these additional pupils are from within the catchment area or close to the edge, due to new housing, that has been built at Oakthorpe and Measham.

7. The mobile classroom would measure 8m by 9m and by 3m in height at its largest dimensions. It would be maintained in a dark brown colour.

Planning Policy

8. The Ashby Woulds Area Plan (1980) has no specific policies that are relevant to this particular proposal. However it is intended that remaining usage of land remains unaltered.

9. The emerging North West Leicestershire Local Plan, Policy L13 states that recreation land to the rear and west of the school shall be protected as recreational open space and development will not be permitted unless

The emerging local plan supports development within the built up limits of the village.

Consultations

North West Leicestershire District Council (Planning)

9. No objections to the proposals subject to further landscaping to soften the visual impact from the main road.

Oakthorpe and Donisthorpe Parish Council

10. Awaiting reply

DC®. BOARD 28/6/01 Page 192 4 2001/0552/07 – continued

Publicity

11. The proposal has been advertised by individual neighbour letters and site notices posted on the 30th May 2001. No representations have been received within the prescribed time scale.

Assessment of Proposals

12. In the absence of land currently available at the rear of the school, the location of the mobile at the front is considered to be the most suitable location. The only other possible location would be on the playground, but this would limit the space available considerably, especially when additional pupils arrive by January 2002.

13. Although the mobile classroom would be partially visible to residents in School Street it is felt that the existing and proposed landscaping would soften the appearance and impact of the development.

14. It is considered that, if there is likely to be a longer-term need for additional school places at this site, then suitably designed permanent extensions should be built.

Recommendations

Permit subject to the following conditions:

1 This permission is limited to the period expiring on 31st July 2006 Immediately on the expiry of that period the building hereby permitted shall be removed, unless in the meantime a further planning permission has been granted in writing by the County Planning Authority.

2 Within 3 months of being placed on site, the mobile classroom hereby permitted shall be treated and retained with a dark brown external colour finish.

3 Before any development is commenced on the site a landscape scheme shall be submitted to and approved in writing by the Director of Planning and Transportation. This scheme shall indicate the provision for additional tree planting together with the number of species.

4 The approved landscape scheme shall be carried out in the first appropriate planting season following the date when the proposed mobile classroom is ready for occupation and all planted material shall be suitably maintained and replaced as necessary by the applicant or owners of the land at the time for a period of not less than 10 years from the date of planting.

5 The temporary classroom hereby permitted shall only be occupied by the school in association with 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).

DC®. BOARD 28/6/01 Page 193 5 2001/0552/07 – continued

Reasons

1 The materials to be used in the construction of the temporary mobile classroom make it unsuitable for a permanent permission and to enable the County Planning Authority to reconsider the situation at the end of this period.

2 To ensure that the development is satisfactorily finished in the interests of visual amenities.

3 To enhance the appearance of the development in the interests of visual amenity.

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

5 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.

Policies and Proposals in the Development Plan Relevant to the Decision

None

Circulation Under Sensitive Issues Procedures

Mr. S.D. Sheahan C.C.

Officers to Contact

Miss M. Crees (Tel 265. 7050) Mr. C.J. Noakes (Tel. 265 7053) Mr. J.R. Hockney (Tel. 265 7013) E-Mail: [email protected] ______

DC®. BOARD 28/6/01 Page 194 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 Director of Property 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: 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 28/6/01 Page 195 Agenda Item 11r

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – SITING OF DOUBLE MOBILE CLASSROOM AND MOBILE TOILET BLOCK, HILL TOP PRIMARY SCHOOL, BEAUMONT AVENUE, ASHBY DE LA ZOUCH (NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL)

2001/0559/7 – 23rd May 2001

Background

1. Hill Top Primary School is situated to the west side of Ashby, between Moira Road (B5003) and Beaumont Avenue, in an established residential area. It occupies a sloping site that rises quite steeply towards the east and north boundaries, with the main School building on the lower part to the west. There are currently two single mobile classrooms to the south-east side of the School and a double classroom to the west side. These were originally permitted in 1986 and 1989 respectively.

2. The School currently has 9 classes of pupils, of which 4 occupy mobile classroom units. There are 269 pupils on role and this number is not expected to increase in the foreseeable future, because the annual ‘planned admissions limit’ (PAL) is not intended to be increased.

3. However, the internal space within the main School building is increasingly inadequate, due to changes in the curriculum and the need to provide separate areas for an IT suite, science, and literacy/numeracy teaching. The main School was built on an ‘open plan’ design, that does not lend itself to such requirements; it is intended to carry out internal partitioning that will reduce the amount of space available.

4. The impact of these changes is the need to provide additional (replacement) classroom space outside the main school, by introducing new mobile units. It is intended to bring one double classroom and one toilet block onto the campus, the latter serving both the new double and two existing single classroom units to the east side of the School.

Page 196 2 2001/0559/7 – continued

DC®. BOARD 28/6/01 Page 197 3 2001/0559/7 – continued

Description of Proposal

5. There is a gated access onto Beaumont Drive with car park and service road beyond in the south west corner. Two single classrooms exist on the edge of the School field beyond this area, behind a 2m high boundary weld-mesh fence. It is intended to site the mobile toilet block adjacent to these two single classrooms, on the south side. There is a mature hedgerow of 3m height alongside the adjacent southern boundary with the single-storey dwellings along Paulyn Way, together with some mature tree planting.

6. It was originally intended to site this block further to the east, where the school field rises above the level of the main school, onto an adjacent terraced area. The amended position has been identified as both more convenient for operational purposes and less exposed to the gardens and windows of the adjacent bungalows.

7. The proposed double classroom is to be positioned alongside the northern boundary of the school field, adjacent to the playground, which is itself on a terraced area above the level of the school buildings. The field rises above the level of the playground and is surrounded by several mature trees and some newly planted semi-mature standards along this side. There is an established hedgerow reaching some 6m in height along this side of the field, separating the site from adjacent gardens of dwellings in Moira Road.

Planning Policy

8. The application site is included within the limits of development on the Ashby de la Zouch Local Plan (1983), but there are no specific policies or proposal in that Plan affecting the proposal.

9. It is also within the limits of development on the Deposit Local Plan for North West Leicestershire. There are no specific policies relating to the provision of educational facilities, but Policy S2 contains a presumption in favour of development within the built up limits.

Consultations

North West Leicestershire District Council (Planning)

10. No objections

Ashby Town Council

11. Reply awaited

Severn Trent water

12. No comments

DC®. BOARD 28/6/01 Page 198 4 2001/0559/7 – continued

Publicity

13. This proposal has been advertised by site notices, posted on 1st June 20001. Individual letters have been delivered to nearby occupants of dwellings in Paulyn Way, Beaumont Avenue and Moira Road. Following the amendment of the scheme to position the mobile toilet block on the south side of the site, further publicity was carried out in the form of site notices and letters to residents on Paulyn Way, dated 11th June.

Representations

14. In respect of the double mobile classroom on the north side of the site, letters of objection has been received from the occupant of nos. 35, 37 and 39 Moira Road. One letter identifies the problem of ‘terrible noise’ from the playground at the bottom of the garden and constant nuisance from objects/balls landing in the garden. It is considered that the introduction of the mobile classroom and path thereto will increase dramatically these problems and asks that the mobile classroom be positioned elsewhere on the site.

15. The other letters object on the grounds of encroachment onto the playing field, loss of the open aspect of the area in general and prejudicial to the visual amenities of properties in Moira Road. They also raise doubts about the ‘temporary’ nature of such developments.

16. The original position of the toilet block is the subject of objections from three residents of Paulyn Way (nos. 7, 9 and 11, on the south side of the School site. The grounds of objection include the following:

(i) visual intrusion and unsightliness of the (additional) mobile unit on higher ground at the rear of the dwellings;

(ii) previous problems of flooding from the school field had to be resolved by regrading of the land and drainage works behind the dwellings. The development should not be allowed if it resulted in further flooding of neighbouring properties;

(iii) devaluation of property;

(iv) residents should be consulted on the proposals and their comments should be given due consideration in reaching an appropriate solution.

17. One respondent suggests that the mobile classroom be positioned on the edge of the playing field alongside the playground, where he considers it would be less intrusive, more convenient for future users and cost effective.

18. The letters also refers to safety problems in the surrounding roads, when parents deliver and collect children at either end of the school day, or when the school is used for events after school hours. It has also been assumed that the extra double mobile classroom will result in an increase in the number of pupils at the school, which in turn will increase the parking and congestion problems.

DC®. BOARD 28/6/01 Page 199 5 2001/0559/7 – continued

19. One respondent suggests that a through route be made across the south side of the school field, linking Donington Drive with Beaumont Avenue and providing a ‘dropping off’ facility for parents in the school grounds.

20. The revised position of the toilet block is also subject of objections from the nearest residents of Paulyn Way. 3 letters have been received that object on the grounds that the unit will still be visible from their properties, especially when deciduous hedges lose their leaves and that it will result in noise and inconvenience. Again, it is suggested (in one case – demanded) that the toilet block be sited further away, alongside the playground between the existing and proposed mobile classrooms.

21. One resident of Paulyn Way has no objection to the proposals, and observes that the delivery and collection of children in conducted in an orderly and responsible manner. No disturbance is experienced from the neighbouring school grounds.

Assessment of Proposals

22. The new fence will provide additional security on the north side of the School, where it abuts a popular footpath link through the surrounding residential estate. It will replace an ineffectual and relatively unsightly chain link fence. If it is erected in green colour finish, then it is considered that it will not detract from the residential and visual amenities in the locality. Existing vegetation should be retained and safeguarded.

23. The following comments are made in response to the representations from neighbouring residents:

(i) The position of the proposed double classroom alongside the north boundary of the site is well screened from neighbouring residential properties by mature trees and hedgerows. It should not result in any increase in the level of noise or activity that generates from the School.

(ii) The toilet block was positioned originally on a higher part of the playing field where it would have been relatively visible from residential properties on Paulyn Way and Donington Close, especially those towards the east end of the road. If it was sited adjacent to the playground, it would be equally visible from many of these properties and just as high on the site. In this position, it would also hinder supervision of children using the playing field, because it would block substantially the view from the playground/school.

(iii) The formation of a service road through the school site would take a substantial part of the existing playing field, car park and service area out of use. It would result in the unacceptable conflict of pupils and cars on the site, contrary to the usual policy of the Education Authority.

24. The proposed development, whilst introducing additional floorspace on site, will not result in an increase in the number of pupils and/or staff at the School. It will simply enable the existing, internal space to be relieved and re-organised to facilitate the efficient delivery of the modern curriculum. Existing on-street and off-street parking will not be intensified by the development.

DC®. BOARD 28/6/01 Page 200 6 2001/0559/7 – continued

25. It would be well contained within the school site and substantially screened by mature, tall vegetation. The amended position of the toilet block will create a satisfactory grouping of mobile units on the lower part of the site, and additional tree planting can be introduced in this area to further reduce the impact of the mobiles on the school entrance (west side). It is considered that the proposal, as amended, will not materially detract from the visual or other amenities of residential occupants around the site and is therefore recommended for approval.

Recommendation

Permit, subject to the following conditions:

1. This permission is limited to the period expiring on 31st July 2006. Immediately on the expiry of that period the buildings hereby permitted shall be removed and land reinstated to the satisfaction of the County Planning Authority unless in the meantime a further planning permission has been granted.

2. This consent relates to the application as amended by revised Plan No. 2001/0559A/7 attached to and forming part of the planning permission.

3. Within 3 months of being placed on site, the mobile units hereby permitted shall be treated and retained with a dark brown external colour finish.

4. None of the existing trees or hedges on site shall be lopped, topped, felled or uprooted without the prior written agreement of the Director of Planning and Transportation.

5. Before any development is commenced on the site a landscape scheme shall be submitted to and approved in writing by Director of Planning and Transportation. This scheme shall indicate the provision to be made for additional tree planting on the south side of the site, together with the numbers, types, species of planted materials and their disposition

6. The approved landscape scheme shall be carried out in the first appropriate planting season following the date when the proposed mobile units are placed on site and 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.

7. The temporary classroom hereby permitted shall only be occupied by the school in association with 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.

DC®. BOARD 28/6/01 Page 201 7 2001/0559/7 – continued

Reasons

2. For the avoidance of doubt and to ensure that the development is carried out in a satisfactory manner.

3. To enhance the development and to safeguard the appearance of the locality.

4. In the interests of visual amenity and to safeguard the character and appearance of the locality.

5. To enhance the appearance of the development in the interests of visual amenity.

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

7. 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.

Policies and Proposals of the development plan relevant to the decision

None

Circulation Under Sensitive Issues Procedures

Mr. E Palmer CC

Officers to Contact

Mr. C.J. Noakes (Tel: 265 7053) Mr. J. R. Hockney (Tel: 265 7013) E-Mail: [email protected] ______

DC®. BOARD 28/6/01 Page 202 8

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property 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.

DC®. BOARD 28/6/01 Page 203 Agenda Item 11s

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – ERECTION OF 1.8M & 2.4M HIGH SECURITY FENCE TO THE SCHOOL BOUNDARY TO REPLACE THE EXISTING FENCE – BROOM LEYS SCHOOL, BROOM LEYS ROAD, COALVILLE (NORTH WEST LEICESTERSHIRE DISTRICT)

2001/0586/07 – 30th May 2001

Description of Proposal

1. It is proposed to erect a 1.8m high single bow top fence in black colourcoat on the front elevation of the school site, along Broom Leys Road. This would replace 1m high green chain link fencing. The new fencing would match existing fencing, erected in front of the playground area in 1997 when the new 4-classroom block was built.

2. The east elevation would have one transitional panel erected that would be 2.4m high in black colourcoat. It would have a 2.4m high palisade galvanised steel fencing erected along the remained of the boundary and on the south boundary. This would replace chain link fencing that is in disrepair. Along the east and south boundary are trees and hedges behind which the new fence would be erected within the school site.

Planning Policy

3. The application site is included within the limits of development on the Coalville Area Local Plan (1979), but there are no specific policies relevant to the proposal.

4. Policy L13 in the emerging North West Leicestershire Local Plan, states that development will not be permitted on land used for recreation or open space purposes or on any new sites that may subsequently be provided, except in the case of sites within Limits to Development, identified on the Proposals Map, where:- Page 204 2 2001/0586/07 - continued

DC®. BOARD 28/6/01 Page 205 3 2001/0586/07 - continued

Consultations

North West Leicestershire District Council

5. No objections

Leicestershire Bridleways Association

6. Comments awaited.

Publicity

7. The proposal has been advertised by site notice and individual neighbour letters since the 7th June 2001. No representations have been received within the prescribed time scale.

Assessment of Proposals

8. The proposal would provide increased security for the school site and buildings, especially where it abuts the footpath. It will replace an ineffectual and relatively unsightly chain link fence. It is not felt that the fence would have an adverse impact on the appearance of the school boundary. Existing vegetation should be retained and safeguarded.

9. The playing fields to the east of the school have been identified as designated open space in the Local Plan, however the development would not lead to a shortage in open space as this would remain unchanged but perhaps be more secure and used in a more controlled way.

10. Consequently, the proposals accord with the intentions of the Local Plan and are recommended for approval accordingly.

Recommendations

Permit subject to the following conditions:

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

2 None of the existing trees, shrubs or hedges on the site shall be topped, lopped, uprooted or felled without the prior express consent in writing of the Director of Planning and Transportation.

DC®. BOARD 28/6/01 Page 206 4 2001/0586/07 - continued

3 Unless otherwise agreed in writing by the Director of Planning and Transportation, the proposed fences and gates shall be erected and maintained in the design and colour finishes indicated on the submitted plans.

Reasons

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

2 In the interests of visual amenity and to safeguard the character and appearance of the locality.

3 To ensure a satisfactory external appearance and safeguard the visual and residential amenities of the locality.

Policies and Proposals in the Development Plan Relevant to the Decision

None

Circulation Under Sensitive Issues Procedures

Mr. C.A. Stanley C.C.

Officers to Contact

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

DC®. BOARD 28/6/01 Page 207 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 Director of Property 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: 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;

DC®. BOARD 28/6/01 Page 208 6 Sched. 9 para (1): minerals discontinuance orders.

DC®. BOARD 28/6/01 Page 209 Agenda Item 11t

DEVELOPMENT CONTROL AND REGULATORY BOARD

28TH JUNE 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

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

LEICESTERSHIRE COUNTY COUNCIL – ERECTION OF SINGLE STOREY EIGHT CLASSROOM MODULAR BUILDING – GUTHLAXTON COLLEGE, STATION ROAD, WIGSTON (OADBY AND WIGSTON BOROUGH COUNCIL)

2001/0163/8 – 23rd April 2001

Description of Proposal

1. The proposed single storey modular building accommodating eight classrooms would be situated to the rear of the school site on grassed open space. To the north are the main teaching buildings of the college, to the east Bushloe High School, to the south college sports pitches and to the west an all weather sports pitch. The proposal would not be in close proximity to any residential properties.

2. The building would measure 33m by 17m and be 3.5m high at its largest dimensions. The external walls would be clad with an aggregate panelling with white UPVC windows. The application site currently has a mobile classroom located in this area. This mobile classroom would be demolished.

3. An area of land has been identified at the front of the college, which will allow an additional 12 car parking spaces to be created.

4. The proposed would accommodate about 240 students and provide additional teaching accommodation in eight classrooms for the Mathematics department. Student numbers at the college have increased in recent years and are expected to increase in further years for a variety of reasons:- a larger pupil population in the area; Arts College status and reorganisation of Leicester City Education facilities. Furthermore, there have been alterations and growth in the sixth form curriculum and the need for specialist use rooms.

5. In 1999/2000 there were 1,280 pupils on roll at the college, there are currently 1350 pupils on roll and they are expected to rise to 1390 by September 2001. School years 10 and 11 are full and this is likely to continue in future years. Sixth form numbers are increasing similarly. Page 210 2 2001/0163/8 - continued

DC®. BOARD 28/6/01 Page 211 3 2001/0163/8 - continued

6. The School was awarded Arts College status in Sept 1999. This led to the appointment of two additional teachers and as a result of the extra numbers of pupils on roll the college anticipates employing an extra 3 teachers in September 2001, with further expansion possible in 2002.

7. The reorganisation of education facilities in Leicester City and the closure of Mary Linwood School has led to a demand by students to attend the college thus requiring more teaching places to be made available. The sixth form curriculum was altered in September 2000 with new national arrangements for AS and A2 level examinations. This means that A level students are being taught for a greater proportion of time each week. This has added to the pressure to make available more teaching accommodation to the sixth form students.

8. The growth of the curriculum and the trend to convert general multi –purpose classrooms into specialist use, mainly for the teaching of computing, has led to increased pressures on classroom accommodation around the school site. The Mathematics department is now spread around the school; this causes problems for movement of staff and resources. The new classroom block is intended for use by the Mathematics department and rooms currently occupied by them will be made available to other departments.

Planning Policy

9. The Development Plan in this instance is made up of the Leicestershire Structure Plan and the adopted Oadby and Wigston Local Plan (1999).

Service Proposal 4 in the adopted Oadby and Wigston Local Plan states that:

10. In granting planning permission for community uses, conditions may be attached which will: (i) limit hours of use; (ii) restrict noise emissions; (iii) ensure that satisfactory access is provided for people with mobility restrictions; (iv) ensure an adequate number of car and cycle parking places and; (v) ensure a satisfactory landscaping scheme.

Landscape Proposal 1 states that:

11. Development will be permitted provided:

(i) Existing landscape features, such as walls, hedges and trees, will be retained and additional well designed landscaping and open space will be provided in the layout of larger developments; (ii) The building design, scale and form will contribute positively to the overall quality of the environment and be carefully related to existing and proposed development; (iii) The layout, design and landscaping features will discourage crime; (iv) It will not harm the amenities of occupiers of adjacent properties or cause a juxtaposition of incompatible uses; and (v) It will not prejudice the development of adjoining land.

DC®. BOARD 28/6/01 Page 212 4

2001/0163/8 – continued

12. Planning Policy Guidance 13 states that::

The government wants to help raise the awareness of the impact of travel plans for inter alia schools. This desire for Travel Plans is set out in PPG13, revised in March 2001. The relevance of such plans for planning lies in the delivery of sustainable transport objectives including particularly the reduction in car usage and the increased use of public transport, walking and cycling. To this end it is recommended that the College be required produce a travel plan prior to the first occupation of the classroom block or to a time scale as may otherwise be agreed by the Director of Planning and Transportation.

Consultations

13. Oadby and Wigston Borough Council - Planning

No objection, but would like the two mature trees close to the site to be protected by fencing during construction and that no materials should be stored under them. The Oadby and Wigston Access Group have commented that the submitted plans do not show access for the disabled.

Director of Museums – Archaeology Section

14. No comments

Publicity

15. The proposal has been advertised by site notices and neighbour letters since the 26th April 2001. No representations have been received within the prescribed time-scale.

Assessment of Proposal

16. The proposed classroom block is situation to the rear of the school building and would not be in close proximity to residential properties, therefore the development would not affect any residential amenities.

17. There would be a slight increase in the number of pupils and teachers, however additional parking can be made available on site, so parking problems would not be any worse and could be improved.

18. The government wants to help raise the awareness of the impact of travel plans for inter alia schools. This desire for Travel Plans is set out in PPG13, revised in March 2001. The relevance of such plans for planning lies in the delivery of sustainable transport objectives including particularly the reduction in car usage and the increased use of public transport, walking and cycling. To this end it is recommended that the College be required produce a travel plan prior to the first occupation of the classroom block or to a time scale as may otherwise be agreed by the Director of Planning and Transportation.

DC®. BOARD 28/6/01 Page 213 5

2001/0163/8 – continued

19. The height and size of the building would be in keeping with the surrounding area and buildings. The building would be accessible to people with mobility restrictions that are attending the college since ramped access would be provided to the entrance doors.

20. The site of the proposal is currently laid out as grassed recreational area. However this is not marked out specifically as sports use and there would still be substantial playing fields available for use by the College. No trees or other vegetation would be lost to the development. An existing mobile classroom would be removed as a result of the development.

21. Consequently, it is considered that the proposal accords with the intentions of the relevant policies of the Local Plan and 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.

2 Notwithstanding materials as shown on the submitted plan representative samples of the materials to be used externally in the construction of the proposed building shall be deposited with and approved in writing by the Director of Planning and Transportation before development commences.

3 Before the development hereby permitted is commenced including site works of any kind, existing trees, shrubs or hedges shall be retained and protected by fences in accordance with BS 5837 (1991) erected at a distance equivalent to not less than the existing spread of the branches from the trunk, in accordance with details to be agreed by the Director of Planning and Transportation. No materials whatsoever shall be stored, vehicles moved, rubbish dumped, fires lit or buildings erected within these fences; no changes in ground level shall be made within the spread of any tree, shrub or hedge without the previous written consent of the Director of Planning and Transportation. No tree shall be used as an anchorage, nor shall any item whatsoever be affixed to any retained tree. If any trenches for services are required in the fenced off area(s), they/it shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 5 cms. or more shall be left unsevered.

4 A School Travel Plan which seeks to reduce the number of car journeys to the College shall be submitted to and approved in writing by the Director of Planning and Transportation and adopted prior to the first occupation of the proposed classrooms or to a timescale as may otherwise be agreed in writing by the Director of Planning and Transportation.

5 The classroom block hereby permitted shall only be occupied by the school in association with 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).

DC®. BOARD 28/6/01 Page 214 6 2001/0163/8 – continued

6 The car parking area indicated on the submitted plan shall be suitably hard surfaced and marked out to the satisfaction of the Director of Planning and Transportation and made available before the proposed development is occupied/brought into use. Thereafter, this area shall be kept free from obstruction and remain available for such use at all times.

7 This consent relates to the application as amended by revised plan 2001/0163A/8 (drawing number No 4KSEV6 – DU – 3.

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.

3 To safeguard the appearance of the locality.

4 In order to reduce the number of car journeys to the school.

6 To ensure that adequate off-street parking facilities are available within the curtilage of the development.

7 For the avoidance of doubt.

Policies and Proposals in the Development Plan Relevant to the Decision

Oadby and Wigston Local Plan 1999:- Service Proposal 4 Landscape Proposal 1

Circulation Under Sensitive Issues Procedures

Mr. O.D. Lucas C.C.

Officers to Contact

Miss. M. A. Crees (Tel 265.7050) Miss. A. J. Baker (Tel 265 7054) Mr. J.R. Hockney (Tel 265 7013) E-Mail: [email protected] ______

DC®. BOARD 28/6/01 Page 215 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 Director of Property 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.

DC®. BOARD 28/6/01 Page 216