APPENDIX B

Report of the Director of Environment

Planning Committee

7 May 2008

DEVELOPMENT CONTROL REPORT

1. Background Papers

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

2. Late Information: Verbal Updates

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

3. Expiry of Representation Periods

In cases where recommendations are headed "Subject to no contrary representations being received by ..... [date]" decision notices will not be issued where representations are received within the specified time period which relate to matters not previously raised. This is in accordance with the procedures agreed by the former Planning Committee on 28th July, 1993.

4. Delegation of Wording of Decision Notices

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

5. Decisions on Items of the Director of Environment

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

6. Standard Conditions and Reasons

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

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CONTENTS

Section A - Previously Considered Items

A1 Page 5 07/01108/FUL Erection of unit for storage and distribution (B8) use with ancillary B1 office space South Leicester Colliery Site South Street Ellistown A2 Page 30 07/01112/OUT Erection of storage and distribution (B8) units with ancillary B1 office space and industrial units (B2) with ancillary B1 office space (Outline) South Leicester Disposal Point South Street Ellistown A3 Page 37 07/01119/FUL Ground engineering/earthworks to form plateaux for proposed development of site South Leicester Disposal Point South Street Ellistown

Section B - Planning Applications

B1 Page 44 07/01490/FUL Erection of building comprising ground floor retail unit and 10 no. flats at first floor level following demolition of existing former council offices and depot 5 Kilwardby Street Ashby-De-La-Zouch Leicestershire B2 Page 65 07/01508/CON Demolition of former County Council Offices and associated depot building (Conservation Area Consent) 5 Kilwardby Street Ashby De La Zouch Leicestershire B3 Page 69 08/00227/OUTM Erection of eleven no. dwellings including demolition of outbuildings and workshop (Outline - layout and access included) 103 And 107 Central Road Hugglescote Coalville

Section C - Householder Applications Page 83 No items in this section

Section D - Other Matters Page 84 No items in this section

3 PREVIOUSLY CONSIDERED ITEMS- SECTION A

SECTION A- PREVIOUSLY CONSIDERED ITEMS

4 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

Erection of unit for storage and distribution (B8) use with Report Item No ancillary B1 office space A1

South Leicester Colliery Site South Street Ellistown Coalville Application Reference 07/01108/FUL

Applicant: Date Registered Graftongate Investments Limited And UK Coal Mining Limited 13 July 2007

Case Officer: Target Decision Date James Knightley 7 September 2007

Recommendation: PERMIT Subject to a Section 106

Site Location

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office ©copyright . U na uthorised rep roduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

5 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

1. Proposals and Background This report relates to not only application 07/01108/FUL, but also applications 07/01112/OUT and 07/01119/FUL, considered under the subsequent items within this agenda.

The proposals are for what would, in effect, be an extension to the north-eastern side of the existing South Leicester Industrial Estate in Ellistown, comprising the erection of a single industrial unit for B8 and associated use to the northern part of the site, and smaller B2 and B8 uses to the southern part. The site is a total of 29.1 hectares in area, and comprises the spoil heap from the former South Leicester colliery, a disused railway line serving the colliery, an adjacent arable field, and an area of rough marshland in the River Sence valley.

In detail, the proposals include: - A single B8 (storage and distribution) unit to the north of the site with ancillary B1 office space; - A mix of medium and smaller-sized B2 / B8 units with ancillary B1 office space; - Creation of a new protected habitat and the improvement of existing habitats in the northern "conservation" area; - Landscaping (approximately 35% of the site); - Formation of a new access and roundabout to Beveridge Lane; - Parking - Site reclamation / enabling engineering works; and - Provision of recreational footpaths / cycle paths through the site

The proposals are submitted in the form of three separate (albeit clearly linked) applications, which seek approval for the various phases of the development as a whole. Given their inextricably linked nature, they are assessed alongside one another so as to ensure a consistent approach to the proposed development as a whole:

07/01108/FUL - Full application for the erection of a unit of total floorspace 29,762 square metres for B8 (storage and distribution) use with ancillary B1 office space. The proposed building would be approximately 203 metres (maximum) by 138 metres by 17.5 metres high (to ridge). The building would be located to the south western boundary of the site, with landscaping to the north and east.

07/01112/OUT - Outline application (all matters reserved) for the erection of units for B2 (general industrial) (up to 4,480 square metres) and B8 (storage and distribution) (up to 17,920 square metres) uses with ancillary B1 office space. Whilst the application is in outline form, an illustrative layout has been submitted showing a range of units positioned towards the western and north western areas of the application site, served via a proposed new vehicular access from Beveridge Lane.

07/01119/FUL - Full application for ground engineering / earthworks (cut and fill of existing material tipped on the site) required to form a plateau for the proposed B2 and B8 development

Following the engineering operations etc proposed under 07/01119/FUL, it is intended to develop the site in two distinct phases; firstly, the single unit proposed under 07/01108/FUL and, following that, the remainder of the units proposed under 07/01112/OUT.

The applications were first reported on the agenda for the Planning Committee meeting of 6

6 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

February 2008, but, following concerns raised by the Head of Legal, the applications were withdrawn from that agenda so as to enable further clarification to be provided on the issues of phasing of the development, how the Environmental Statement relates to all three applications and its mitigation measures, and the planning policy justification for the provision of an off-site leisure contribution.

As noted above, the applications are accompanied by an Environmental Statement. However, in the interests of clarity, it is noted that the Environmental Statement relates to all three applications. The various remediation measures listed within the Environmental Statement, whilst considered in their entirety, would be implemented in accordance with the relevant part of the development, and as required by the relevant condition and / or Section 106 agreement triggers.

2. Publicity 98 neighbours have been notified Site Notice posted 9 August 2007 Press Notice published 25 July 2007

3. Consultations Ellistown & Battleflat Parish Council consulted 17 July 2007 County Planning Authority consulted 17 July 2007 Head of Environmental Protection consulted 17 July 2007 County Archaeologist consulted 17 July 2007 County Highway Authority consulted 17 July 2007 Severn Trent Water Limited consulted 17 July 2007 Network Rail consulted 17 July 2007 LCC Request For Tree Or Forestry Advice consulted 17 July 2007 Development Plans consulted 17 July 2007 National Forest Company consulted 17 July 2007 Natural England consulted 17 July 2007 Ramblers' Association consulted 17 July 2007 NHS Leicester, Leicestershire And Rutland Facilities Consor consulted 17 July 2007 Environment Agency consulted 18 July 2007 DEFRA consulted 18 July 2007 SUSTRANS consulted 18 July 2007 Head Of Leisure And Culture consulted 18 July 2007 LCC Request For Tree Or Forestry Advice consulted 31 October 2007 Highways Agency- affecting trunk road consulted 3 October 2007 East Midlands Regional Assembly consulted 3 October 2007 Julie Tanner - Head Of Urban Policy And Planning East Midland consulted 3 September 2007

4. Summary of Representations Received One of the District Council Ward Members comments as follows: - Section 106 agreement should include a lorry routing agreement so as to ensure vehicles accessing the Phase I site (both during construction and subsequent use) do not pass through the village - The proposed financial contributions to public transport infrastructure secured by the Highways Agency should be spent on alternative projects to benefit the local community as the contribution already secured for such uses will not go very far

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A letter has been received from the Sence Valley Environmental Forum on the basis that the existing steps that carry Right of Way N50 over the dismantled railway line have not been maintained / repaired and that Leicestershire County Council is in dispute with UK Coal over the matter

Two further representations have been received objecting on the following grounds: - Impact on water table, potentially adversely affecting nearby industrial buildings - Access location and number of vehicular movements

County Planning Authority (Waste) has no objections subject to conditions

County Planning Authority (Policy) objects on the following grounds: - Whilst the granting of permission would secure some benefits, including the reclamation of an area of derelict land, this does not outweigh the potential harm to the countryside, particularly given the scale and form of the development - In the context of existing employment land availability and strategic requirements, appears to be no exceptional case for the development at the present time and the existing employment provision commitments and this proposal might ultimately exceed the total employment allocation for the District, as set out in the Structure Plan - Proposed development may prejudice the provision of any Sustainable Urban Extension to the south east of Coalville - the need and location of such major developments should more properly be determined through the Local Development Framework process - Inadequate provision for prospective rail transport opportunities, related cycleways and footpaths and landscaping.

County Archaeologist has no objections subject to conditions

County Highway Authority has no objections subject to conditions

Severn Trent Water has no objections subject to conditions

Network Rail has no objections

County Arboricultural Officer suggests that all A, B and C category trees are retained

Ellistown and Battleflat Parish Council objects on the following grounds: - Site is outside Limits to Development - Commercial development is not required - No provision of facilities for the community - Increased traffic - Massive ecological and environmental impact The Parish Council has also requested an additional £55,000 be contributed towards South Street Recreation Ground

National Forest Company comments as follows: - Ideally, the National Forest Company would wish to see the whole of the site reclaimed for forest-related uses, but recognises that Government policy is supportive of such uses, and that the levels of planting shown exceeds the guidelines in the National Forest Strategy - Potential impact on ecological and archaeological features - Potential for proposed landscaping scheme to be improved - Height, mass and positioning of buildings needs to be considered closely - Should incorporate innovative design to reflect the site's National Forest setting

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Natural England has no objections subject to conditions

Environment Agency has no objections subject to conditions

Head of Leisure and Culture requests a developer contribution in respect of proposed improvements to the South Street Recreation Ground

Highways Agency has no objections subject to the payment of an equivalent commuted sum in lieu of alterations to Junction 22 of the M1 motorway being paid to Leicestershire County Council as a contribution towards public transport measures (a sum of £150,000 is sought)

East Midlands Regional Assembly makes the following observations: - No certainty that end users will be found in the short-term, which could delay implementation and result in continued failure to carry out remediation - Local Planning Authority needs to consider potential for prejudice of the proposed Sustainable Urban Extension - need for and location of such major developments may be more properly considered through the LDF process - Site does not meet all the criteria for selecting sites for strategic rail distribution - Development will not be served by rail - Notes Leicestershire County Council concern regarding over-supply of employment land - Concerns regarding impact on countryside

East Midlands Development Agency supports the application

5. Relevant Planning Policy

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

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

Policy 6 seeks to ensure that new development maintains the distinctive character and vitality of rural communities, strengthens rural enterprise and linkages between settlements and their hinterlands, helps to shorten journeys and facilitates access to jobs and services.

Policy 22 seeks to ensure that there is an adequate supply of good quality land for office and industrial uses available for development in sustainable locations.

Policy 27 seeks to ensure the protection, appropriate management and enhancement of the region's natural and cultural assets (and their settings).

Policy 28 aims to increase the region's biodiversity.

Also relevant are the following policies contained within the draft replacement RSS 8: Policy 2 sets out a sequential approach to the selection of land for development.

Policy 4 seeks to concentrate development in urban areas.

Policy 20 seeks to ensure that there is an adequate supply of good quality land for office and

9 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A industrial uses available for development in sustainable locations.

Policy 26 seeks to ensure the protection, appropriate management and enhancement of the region's natural and cultural assets 40 sets out Regional priorities for Culture, Sport and Recreation

Policy 44 seeks to achieve behavioural change in terms of need to travel etc.

Leicestershire, Leicester and Rutland Structure Plan As of 7 March 2008, there are no saved policies within the Leicestershire, Leicester and Rutland Structure Plan relevant to the proposed development.

North West Leicestershire Local Plan The site is outside Limits to Development as defined in the North West Leicestershire Local Plan. Policy S3 sets out the circumstances in which development will be permitted outside Limits to Development.

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

Policy E4 requires new development to respect the character of its surroundings.

Policy E7 seeks to provide appropriate landscaping in association with new development.

The northern part of the site is also designated as a District level site of ecological importance under Policy E26 (although the area of the District level site is not as extensive as the E26 designation). Policy E26 states that development will not be permitted which could aversely affect sites of County and District ecological or geological interest, or Local Nature Reserves.

Also, part of the northern area of the application site (and, in part, overlapping with the Policy E26 area referred to above) is designated as a derelict site under Policy E37. This policy provides that the site will be reclaimed for re-grading and planting. Policy E36 sets out the general approach to proposals for the reclamation and re-use of derelict land.

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

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

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

Policy T8 requires that parking provision in new developments be kept to the necessary minimum, having regard to a number of criteria.

Policy T14 presumes against development which would be likely to impair the continuity of

10 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A disused railway lines, which have potential for re-use as transport corridors, including pedestrian footpaths, bridleways and cycle routes and informal recreation corridors.

6. Assessment

6.1 Principle of Development

In terms of the principle of the development, the following issues are considered relevant:

6.1.1 Planning Policy The site is outside Limits to Development as defined in the North West Leicestershire Local Plan, so the development of the site for the use proposed would conflict with local and national policies which presume against non-essential development within the countryside.

Annex B to PPS 3 defines previously-developed land as "that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure." The definition excludes, amongst others, land that has been developed for minerals extraction where provision for restoration has been made through development control procedures, and land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time to the extent that it can reasonably be considered as part of the natural surroundings.

Whilst the site was previously used for mineral extraction purposes (having been used as the disposal point for the former South Leicester Colliery), Leicestershire County Council has confirmed that there are no conditions requiring the restoration of the site. As such, the main part of the site would appear to constitute previously-developed land. Whilst there has been some natural regeneration of parts of the site, it is not to such an extent so as to suggest that those areas could now be viewed as greenfield. However, the area adjacent to the proposed access from Beveridge Lane, which covers an area of approximately 4 hectares, is in agricultural use and, therefore, would constitute greenfield land.

Development of those areas of the site which do not constitute previously-developed land would run contrary to the general thrust of Development Plan policies (including Policy 2 of the existing and revised Regional Spatial Strategy) which seek to encourage development of previously- developed sites in preference to greenfield ones.

However, these issues presuming against the proposed development need to be assessed in the context of other material considerations relevant to the application, as set out within this report.

6.1.2 Employment Land and Associated Phasing Issues Leicestershire County Council has raised concerns regarding the potential over-supply of employment land arising from the development. In particular, reference is made by the County Council to the Leicestershire, Leicester and Rutland Employment Land Availability Monitoring Report for the year ending 31 March 2006 which states that, of the 326 hectares of employment land formerly required by the Structure Plan for the period 1996 to 2016 in North West Leicestershire District, a total of 271 hectares has either commenced or has the benefit of planning permission. The County Council notes that a further 29 hectares is allocated within the Local Plan and, notwithstanding that provision of employment land might recede, the County Council considers that development of the site could lead to an overprovision of employment

11 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A land up to 2016. In coming to this view, the County Council has had regard to the current application for the erection of rail connected distribution building at the former Lounge Disposal Point at Ashby de la Zouch on a site of approximately 33 hectares (ref. 07/01372/FUL). The County Council also refers to the called-in application for the redevelopment of the former Nailstone Colliery (within Hinckley and Bosworth Borough) which, since the submission of the County Council's comments, has been granted outline planning permission by the Secretary of State.

The proposed development would provide for a total of 29 hectares of employment development and, as noted by the County Council (insofar as the employment requirements formerly set out in the Structure Plan are concerned), the required figure is 326 hectares from 1996 to 2016. The District Council's Planning Policy and Sustainability team advises that, of this requirement, 161.61 hectares has been commenced and, taking existing start rates, it is estimated that there will be 293.84 hectares by 2016 giving a shortfall of just over 32 hectares. With regard to the amount of land available (123.49 hectares), the Planning Policy and Sustainability team advises that there is sufficient supply for approximately eight years based on the Cumulative Start Rate and seven and a half years based on the former Structure Plan requirement.

However, there were 5.04 hectares of employment land "lost" to other uses during 2006 with none the year before. In addition, over 31% of the land available is on the site of the former Castle Donington Power Station which is being redeveloped as a Regional Storage and Distribution Centre. Furthermore, the actual start rate represents the fourth successive year of significant decreased starts which, the District Council's Planning Policy and Sustainability team considers, that the overall supply is not necessarily as healthy as may appear to be the case.

In terms of demand (taking economic development enquiries to the District Council over the last 3 years), of a total of 53 enquiries, 12 were for units of more than 10,000 square feet (929 square metres), of which two were made in the last two years, 10 were for units between 3,001 square feet (278.79 square metres) and 10,000 square feet (929 square metres) of which four were made in the last two years with the remaining 31 enquiries for small units of 3,000 square feet (278.7 square metres) or less. A similar pattern emerges when taking enquiries from Invest Leicestershire.

Having regard to the District Council's own information as set out above, and the opportunity to restrict a significant proportion of the Phase II B2 development to smaller units (i.e. less than 3000 square feet (278 square metres)), Leicestershire County Council's concern over the potential over-supply of employment land does not represent an over-riding reason to refuse the application.

On the basis that a need for the development can be demonstrated, the suitability of the site to meet that requirement needs to be considered. In support of the application, a number of alternative sites have been assessed, both within North West Leicestershire District and Hinckley and Bosworth Borough.

In terms of search area, this was limited to settlements that are in the vicinity of application site, the rationale for which is that the proposed employment site is, the applicants consider, to meet a local need for employment, particularly from Coalville. Draft RSS 8 identifies Coalville as a sub-regional centre and makes the provisional allocation of 3,900 dwellings for Coalville for the period 2006 to 2026. Policies also require employment provision to match housing distribution and to reduce the need for out commuting. They therefore consider that limiting the search area to approximately 5km around Coalville is appropriate. Whilst the employment land figures are set out in District-wide terms, it is accepted that this is a reasonable approach in this case.

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In total, 30 alternative sites have been assessed by the applicants, and ruled out on various grounds. Of these, four were found to be "competitor" sites, two in the Bardon industrial estates area, and two in Coalville (on the Hermitage and Whitwick industrial estates). All four were noted to be within existing employment land, and incapable of accommodating the scale of the development proposed. On the basis of the supporting work undertaken, it is accepted that there do not appear to be any more appropriate sites within the applicants' search area.

It is also noted that Policy 20 of draft RSS 8 makes consistent reference to sites allocated in LDFs, in terms of providing the necessary supply of employment land. Balanced against this, however, it is acknowledged that the location of the site is adjacent to the former Ellistown (South Leicester Colliery) employment allocation site which was completed by 2003 and, as such could be seen as consolidating this existing employment provision rather than a standalone site in a rural location.

Further to officer requests, the agents have provided additional information in respect of market demand for the Phase I unit and the viability of providing an alternative mix of units on the site. This makes the following points:

- Proposed Phase I development comprises approximately 320,000 sq ft B8 unit for a single end user - a unit of this scale would be a Regional Distribution Centre serving the midlands. - Bardon Industrial Estate has no available units of this scale - the largest available unit being only approximately 100,000 sq ft. - Approved B8 uses at Castle Donington have not to date come forward, and are also likely to be of a significantly larger unit size - this is also the case for the proposal at Lounge which would provide a single unit of three times the floorspace compared to the Phase I at Ellistown. Units of the scale anticipated at Castle Donington and proposed at Lounge fall into the category of National Distribution Centres (typically 500,000 - 1,000,000 sq ft) and consequently serve a very different market to the Ellistown scheme - Applicants are aware of a number of large companies that are currently looking for a Regional Distribution Centre within the East Midlands with good access to the M1 and have held discussions with half a dozen to date. This includes at least one company currently operating from a smaller unit within North West Leicestershire looking for additional space to grow and, if this cannot be provided in the district they may be forced to move elsewhere.

The principle of additional employment land on this site, is acceptable, having regard to existing requirements, and no more sequentially preferable sites appear feasible.

As previously noted, the Local Planning Authority has sought to maximise the opportunities to provide for smaller units as part of the scheme. In terms of the mix of the development, the applicants advise that a significant factor in the mix proposed is the cost associated with the overall works. In particular, they comment that: - The cost of site remediation and infrastructure provision on a complex site are substantial and include major engineering operations, earthworks (cut and fill), landscaping, habitat relocation and infrastructure provision - these works will all be undertaken before development can commence and are therefore a considerable upfront investment required before any financial return - They estimate the costs of remediating the site and undertaking the proposed landscaping, habitat restoration, habitat management and cycle and footpath routes (but excluding the costs of associated infrastructure such as highways and drainage) would amount to approximately £2 million (excluding the cost of purchasing the land), and a breakdown of this estimate has been provided - the agents consider it highly improbable that this level of investment in the site would

13 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A be forthcoming without any form of enabling development - The provision of a single B8 unit early in the development would guarantee a rental income, which would release the resources to undertake the land remediation and infrastructure works. The provision of a large number of smaller units across the entire site would not provide the guaranteed income within a similar timeframe to release the necessary resources (due to the time it would take to secure tenants for the smaller units and the associated rental income streams). A scheme comprising solely small units would therefore be financially unviable and the development would not proceed - There is no financial, engineering or planning reason why the development of the smaller Phase II units cannot take place alongside or immediately after the development of Phase I. However, without the Phase I B8 unit of the size proposed the scheme as a whole would be unviable for the reasons given.

From the Local Planning Authority's point of view, it would be appropriate to seek to ensure the Phase II development does indeed come forward (given the economic development benefits which would accrue) and within an appropriate timescale.

In terms of predicted timescales, the application indicates that the period of site engineering and construction would scheduled to take approximately 20 months and would be undertaken in the following stages: Stage 1 - Site enabling engineering works - 12 weeks (spring - summer 2008) - Phase I development construction - 28 weeks (summer - winter 2008)

Stage 2 - Phase II development construction - 52 weeks (winter 2008 - winter 2009)

Clearly, given the period it has taken to reach a determination of the application, it would not be possible to meet the actual timetable given. However, the above information does indicate that the Phase II scheme could be delivered within approximately 18 months of the commencement of Phase I which, it is considered, would meet the objectives of the Local Planning Authority in ensuring that the Phase II scheme were delivered within a reasonable period of time. Compliance with this requirement is recommended to be secured by way of a Section 106 agreement.

6.1.3 Coalville Sustainable Urban Extension It is noted that concerns have been raised by Leicestershire County Council on the basis that the proposed development could prejudice the implementation of the proposed Coalville Sustainable Urban Extension as set out in the emerging RSS 8.

In detail, Three Cities SRS Policy 4 provides that the annual housing requirement for North West Leicestershire is 480 dwellings per annum, of which 195 dwellings per annum should be in the form of a Sustainable Urban Extension to Coalville. At this stage, the emerging RSS 8 is still in draft form, although it is noted that the document has been considered by the Examination in Public and is due to be adopted in September 2008. As such, the document is considered to attract some considerable weight as a material consideration.

Should the Sustainable Urban Extension remain part of the adopted document, it would not necessarily need to be located in this area of Coalville although, having regard to the presence of the Grange Road housing allocation, it would seem likely that land in the vicinity of the application site could be among a number of candidate sites for the proposed Sustainable

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Urban Extension within the forthcoming LDF Core Strategy and / or Allocations Document.

Nevertheless, even if the Sustainable Urban Extension is within the adopted RSS and, if so, were to be accommodated within this area of Coalville, it is not necessarily the case that it would need to include land within the application site and, furthermore, there appears to be no reason why insurmountable incompatibility concerns between employment and residential uses would be likely, particularly given the detachment from the main urban area of Coalville and the potential for heavily screened boundaries if applicable. In addition, if the Sustainable Urban Extension were eventually located in this area, an argument could of course be made that the provision of new employment development in close proximity would be desirable from a sustainability point of view.

Overall, therefore, it is not accepted that, even if the Coalville Sustainable Urban Extension forms part of the adopted revised RSS 8, and if so, it is to be provided within this general area, that this should represent an overriding reason for the proposed development to be resisted.

6.1.4 Derelict Land Issues As noted above, a significant proportion of the site is previously-developed. In detail, Policy E37 of the North West Leicestershire Local Plan, which affects much of the northern part of the site, provides that "The following derelict sites, identified on the Proposals Map, will be reclaimed for the purposes indicated:...... (i) South Leicester Colliery Tip, Ellistown : regrading and planting."

General advice on the approach to derelict land is contained within Local Plan Policy E36.

In the absence of conditions imposed on any minerals permission affecting the site, it is considered that there is a significant prospect of the site remaining in its current condition. Under the proposed development, the proposal would secure nearly 50% of the site being under tree cover with approximately 5.4 hectares of new planting and 9.4 hectares of existing planting to be retained and strengthened. Therefore, although (in terms of the built development proposed) the scheme would be outside Limits to Development, in part, on greenfield land, and at odds with a literal interpretation of Policy E37, the amount of planting is considered to constitute a significant mitigating factor given the lack of any ability to enforce the restoration of the former tip in line with Policy E37.

Significant weight should be given to the potential benefits which would arise from the development insofar as restoration of the existing derelict site is concerned which could otherwise not be secured.

6.1.5 Accessibility of Site The site cannot be considered to be particularly appropriate in terms of compliance with the sequential approach to site selection set out in RSS 8.

Also relevant in terms of locational criteria for development is the accessibility of sites. In sequential terms the site is not on the edge of Coalville, and the site is considered to score relatively poorly in terms of sustainability criteria in the Development Plan. Given its position away from Coalville (although immediately adjacent to Ellistown), it would, for example, at best, it is considered, qualify as a Category (d) site in terms Policy 2 of the adopted RSS8 ("suitable sites in locations outside of (that is not adjoining) urban areas, which are or will be well served by public transport, particularly where this involves the use of previously developed land").

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Similarly, under Strategy Policy 2A the site would appear to be, at best, a Category (e) site ("land within or adjoining Rural Centres, or other settlements which are or will be well served by public transport, particularly where this involves the use of previously developed land").

Having said that, it is accepted that the site is well related to Ellistown (which, itself, is fairly accessible), including the existing industrial estate and, furthermore, the site is also in relatively close proximity, but not attached to, the Bardon industrial estates.

It is noted that Ellistown is well served by public transport (including regular bus services to Coalville and other larger settlements), although these do not pass the site frontage (the nearest bus stops are approximately 400 metres from the site, although further in terms of pedestrians' walking distance). However, the applicants are agreeable to making contributions totalling £150,000 to Leicestershire County Council in respect of improvements to public transport services (see below). Furthermore, they are agreeable to the imposition of Travel Plan requirements on the future operation of the development, and it is considered that the accessibility of the site from the Coalville / Hugglescote area would be significantly enhanced by the implementation of the cycle paths linking Beveridge Lane with Grange Road and Midland Road. This would also, of course, provide the added benefit of helping to implement the routes sought under Policy T14 of the Local Plan. The Local Plan Proposals Map identifies the former railway routes running from Beveridge Lane, along the north-eastern boundary of the existing industrial estate, at which the line split, heading towards Midland Road to the west and Grange Road to the north east. A further route is shown on the Local Plan Proposals Map crossing the northern part of the site (i.e. enclosing a triangular area with the other forks). The applicants do not propose cycle routes directly following the Local Plan protected route, but would nevertheless provide similar linkages between Beveridge Lane and Hugglescote. In terms of the proposals at this stage, the applicants are agreeable to providing the linkages up to, but not beyond Midland Road and Grange Road, and have forwarded illustrative plans to demonstrate that access and egress could be achieved at these points (although the precise details could be determined under the proposed Section 106 agreement). Leicestershire County Council had sought to encourage links beyond these points, in particular westwards as far as the Sence Valley Forest Park at Ibstock as the former track is, it is understood, within the applicants' control. The County Council has aspirations to re-open this link as a recreational route, and it is noted that the route is also subject to Local Plan Policy T14 (see above). Officers have sought to encourage this additional route to be provided in association with the application, but the applicants are not agreeable to providing the link significantly beyond the extent of the proposed development site. In the circumstances (and particularly when having regard to the links which would be provided and the other leisure-related contributions), it is not considered that the applicants' position is unreasonable in this regard.

Whilst the site includes a former minerals railway, the development does not provide for a direct rail connection, and concern has been expressed on this issue by Leicestershire County Council, given former Accessibility and Transport Policy 6 of the Structure Plan which stated that "The potential of rail or waterway connections will be fully explored for any development which generates significant freight movements. If rail or waterway movements are not possible, provision for this development should be made in locations where access to the principal road network is via roads suitable to take the predicted heavy goods vehicle traffic."

In response, the applicants have commented that the site is not actually connected by rail given that the former railway sidings were dismantled in the late 1990s, and only the track beds now remain. They also comment that the operational freight line from the site is approximately 1km from the centre of the development, and that the old track beds extend for about 2km before reaching the operational line. They also point to the topography of the site; the former railway

16 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A ran along the cutting between the site and the existing industrial estate, some 4 to 4.5 metres below the proposed development, thus rendering use of the former railway impractical. In addition, the applicants advise that the capital cost of installing a rail link to the development would be in the order of £100 per linear metre which, with a connection figure of £1,000,000, would result in a total cost of approximately £3,000,000. This, the applicants advise, would render the development commercially unviable.

Whilst no independent validation of these figures has been sought, there would clearly be significant costs associated with providing a rail connection which, coupled with the obvious levels differences, suggest that would be an unreasonable requirement in connection with the proposed development.

For its part, the County Highway Authority considers the site to have a less than desirable accessibility to existing bus services. It does not however, suggest that the application necessarily be refused on that basis given that: (i) It is adjacent to an existing employment area; (ii) Although the site is somewhere in the order of 700m from the existing bus route and beyond the normal maximum of 400m, in reality this difference is unlikely to significantly affect the modal share (iii) The proposals would provide safe, good standard, direct pedestrian links between Midland Road / Station Road and the site; (iv) The applicants have offered a contribution to existing bus stop upgrades / service improvements; and (v) A suitable travel plan could be implemented

In terms of (iv) above, the Leicestershire County Council's Passenger Transport Unit has investigated possible improvements to public transport infrastructure in the immediate area and a notional costing exercise amounted to a total of £75,451. The applicants did not offer the full amount (only £50,000) towards these improvements. However, given the contribution required by the Highways Agency (£150,000) as a contribution towards public transport (see below), the additional £50,000 would be acceptable to the County Highway Authority. (i.e. a total sum of £200,000).

Overall, therefore, it is considered that, whilst not ideal as a location in accessibility terms, the site is reasonably well placed in respect of access to public transport and other facilities (particularly when compared to other similar sites elsewhere), and the scheme is acceptable in this respect.

6.2 Technical and Other Issues

6.2.1 Highway Safety and Access As set out above, it is proposed to access the site via a new roundabout junction from Beveridge Lane. The County Highway Authority has confirmed that it has no objection to the applications, subject to conditions. In particular, however, the County Highway Authority advises that there are no technical highway objections in principle by reason of highway safety, capacity or in terms of the environmental impact of traffic.

For its part, the Highways Agency has identified that the proposed development would have a material impact on Junction 22 of the M1 motorway, and in particular, the southbound off-slip.

However, in drawing up a scheme, the Agency concluded that mitigation could not be delivered

17 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A without a significant amount of abortive works being undertaken, given the Agency's forthcoming major improvements to the junction planned in any event as part of the wider M1 widening scheme, and the Agency considers that such abortive works would cause unnecessary inconvenience to the travelling public. As an alternative, therefore, the Agency has agreed to the applicants making a contribution to public transport measures, equivalent in cost to the otherwise required mitigation scheme to Junction 22, with the funding essentially allocated to the bus corridor connecting the application site to Ashby de la Zouch and Leicester. This, the Highways Agency considers, is likely to lead to sufficient modal shift along the corridor so as to remove a number of vehicles from Junction 22, to the extent that the impact of the proposed development would be negligible. On this basis, the Highways Agency has no objections subject to the public transport contribution being made (for use by Leicestershire County Council). A sum of £150,000 is considered appropriate by the Agency.

Concerns have been expressed regarding the issue of heavy vehicles accessing the site from the west (i.e. through Ellistown). Whilst there is an existing weight restriction preventing HGVs, the applicants are willing to enter into a Section 106 agreement to ensure that lorries access the site via the appropriate route.

Overall, therefore, it is concluded that there are no reasons in terms of highway safety or impact on the highway network generally (including environmental impacts) why permission should be withheld.

6.2.2 Visual Impact The proposed development, including the Phase I building (which would be in the order of 17.5 metres high) would be sited in what is considered to be a fairly prominent location, having regard to the site's topography (including in relation to the topography of nearby land) and to the site's location outside the existing built up area of the settlement. However, it is noted that, by virtue of the cut and fill operations required in association with the formation of plateaux etc, the Phase I building floor level would be up to 3 metres (approx) lower than that of the existing spoil heap (at its highest point).

A landscape / visual assessment has been undertaken on behalf of the applicants, assessing the impacts to a total of 37 receptor points in the vicinity, taking into account retained and proposed planting.

The assessment concludes that the existing character of the site is a mix of different qualities, including derelict, marshland (to the north east of the site) and a more rural setting to the south. The surrounding landscape is characterised by industrial development and rural character zones.

It also concludes that impacts during site clearance, remodelling and construction of the Phase I development would have the greatest impact on the landscape and visual amenity. Construction would only have a small impact on neighbouring areas from movement on site, although cranes and other taller machinery would have a more significant impact for a short period of time.

In terms of operational impacts, the assessment concludes that there will be a loss of rural character to the south of the site. The impact on neighbouring residential properties is assessed to be limited, notwithstanding that some properties would have partial views from upper windows. Only three properties are considered to have direct views of the development

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The assessment considers that the development would introduce a further industrial development into a view that is already characterised by rural and industrial development, and the view from Bardon Hill in particular would be insignificant when compared to the existing industrial development at Bardon. The assessment considers both the landscape and the visual impacts, on both permanent and temporary basis. In terms of landscape impacts, the impacts predicted are (in terms of numbers of receptor points per category) as follows: Permanent: Adverse 1, Low Adverse 1, Negligible 28, Neutral 1, Beneficial 6 Temporary: Adverse 6, Negligible 27, Neutral 3, Other 1

In terms of visual impacts, the impacts predicted (excluding six on-site receptors) are as follows: Permanent: High Adverse 3, Medium Adverse 7, Medium/Low Adverse 1, Low Adverse 15, Low Negligible 1, Negligible 2, Low Neutral 1, Low Beneficial 1 Temporary: High Adverse 6, Medium Adverse 10, Medium/Low Adverse 2, Low Adverse 11, Low Neutral 1, Medium Neutral 1

The development would, the applicants accept, result in a significant change to the landscape and visual amenity although, it is argued, the impact would be largely neutral due to extensive planting and landscaping. The visual impact of the Phase I development would, overall, be moderately adverse, as it introduces built development where there was previously none, on a partially elevated part of the site.

It is noted that there are a significant number of trees / hedgerow on the site, and the applicants have produced details of trees for retention / removal as appropriate, together with a tree protection plan including root protection areas. Leicestershire County Council's Arboricultural Officer has no objections to the details, although suggests that all A, B and C category trees are retained where possible.

Given the somewhat elevated nature of much of the site, a significant visual impact would seem inevitable. However, having regard to the findings of the detailed visual assessment, and the potential to retain and enhance landscaping as appropriate, the view is taken that the overall impact would not be so harmful (particularly when considered in the context of the benefits which would arise from the proposed scheme) as to warrant refusal.

6.2.3 Ecological Issues The application is supported by an ecological assessment (within the Environmental Statement), and it will be noted in the policy summary above that the northern part of the application site is designated as a District level site of ecological importance under Local Plan Policy E26. There are a total of two District Level and two Parish Level sites of ecological importance within or immediately adjacent to the application site. No statutory designated sites are affected.

The assessment identifies several protected species within the site, including great crested newt, potential water vole habitat, foraging bats, a diverse breeding bird community, the dingy skipper butterfly and common bistort (a flowering plant).

The proposed development would (by virtue of the extensive "cut and fill" operations) result in a significant remodelling of the site, affecting all the existing habitats within it. However, a range of mitigation measures have been proposed including the management of habitats within the northern section of the site unaffected by the development, the creation of new pond and adjacent terrestrial habitat for great crested newt (which will, the applicants contend, restore the favourable conservation status of this species within the site), creation of new native woodland and areas of dry grassland habitats to maintain existing habitat networks and support foraging

19 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A bats, breeding birds, common lizard and dingy skipper butterfly.

The assessment considers that residual impacts are likely to be insignificant and that the development will result in a net gain for biodiversity through creation of new and protected habitats for great crested newt and enhanced wetland habitats for a range of species including water vole and breeding birds such as willow tit and reed bunting.

In response Natural England had raised concerns regarding the level of detail of the proposed mitigation. However, following further discussions between Natural England and the applicants' ecologists, no objections are now raised subject to the submission of detailed mitigation schemes. The proposals are therefore considered acceptable in terms of their ecological impacts.

6.2.4 Soil / Agricultural Land Quality It is noted that the majority of the application site is previously-developed; however, the existing soils to the agricultural land would in the most part be removed from their existing positions. The existing agricultural land is classified as Grade 3b (i.e. not Best and Most Versatile (BMV)). Furthermore, it is the applicants' intention to re-use such soil as is removed for the proposed landscaping. Therefore, no significant harm to the quality of the area's supply of agricultural land would be considered to result.

6.2.5 Drainage The application site is within the catchment area for the River Sence, and the resulting surface water run-off from the proposed development would therefore discharge to that watercourse. In terms of flood risk, it is noted that the site is not within a floodplain, and is not therefore at risk of flooding itself.

In terms of potential increased risk of flooding elsewhere, it is noted that an attenuation pond is proposed to be created adjacent to the Phase I development which, it is considered, would ensure that no increased flood risk results downstream. The Environment Agency has no objections to the proposals subject to conditions. It is also proposed that the site be connected to the public foul sewer network. Again, no objections are raised by Severn Trent Water Ltd.

6.2.6 Archaeology There are no features of known archaeological interest within the site, and a desk-based archaeological assessment has been undertaken. This concludes that the proposed development is unlikely to impact on any underlying archaeological remains due to the protective depth of the colliery spoil, the nature of the foundation design and the past quarrying activity in the southern area of the site. As such, the risk of disturbance is considered to be low.

The County Archaeologist notes the report's conclusions that the site has moderate archaeological potential in terms of various eras. He also considers that, whilst the proposed works are unlikely to affect the original surface (due to the large extent of previous works on the site) the proposed access would cut across land that may preserve archaeological remains. He therefore raises no objections subject to conditions in respect of a programme of archaeological mitigation.

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6.2.7 Noise, Vibration and Air Quality The Environmental Statement incorporates a noise survey which includes consideration of, not only ongoing noise impacts from the proposed development, but also temporary noise impact from construction. This concludes that increases in noise and vibration from traffic as a result of the development as well as noise from deliveries and plant in association with the proposed development have been assessed against 'without development' scenarios and that complaints are considered unlikely from sensitive receptors. The report concludes that the noise and vibration impact from the development would be of "negligible" significance.

In terms of air quality, the Environmental Statement advises that the impact during the construction phase of the development, during which the main pollutants are likely to be dust and particles from earth moving and construction, would be negligible, although any increase in particle and dust concentrations in the locality could be minimised by appropriate good practice and mitigation techniques.

During operation of the proposed development, the assessment indicates that the principal source of air pollution would be likely to be from transport. The results of modelling in the short term showed that no receptors were predicted to have nitrogen dioxide or particle levels above the National Objective, with or without the development and any increase in nitrogen dioxide levels would be classified as "negligible". At the time of preparing this report, no comments had been received from the District Council's Environmental Services Manager; any received subsequently will be reported on the Update Sheet.

6.2.8 Form of Development and Design In general terms, the layout of the proposed development is, to a large extent, informed by the constraints of access and the need to minimise visual impact as far as possible. Whilst the development's proximity to the existing South Leicester Industrial Estate would suggest that the adjoining sites ought to, from a legibility point of view, be served via a single principal access, the proposed separate access would seem the most appropriate course given the need to provide a satisfactory form of vehicular access.

Having regard to the point of entry to the site, it is considered that the layout shown (both in terms of the full application and the illustrative outline scheme) is an appropriate form of development. In terms of the details, as noted above, the proposed Phase I unit is of some considerable scale, and its design is thus considered to be of particular significance in this case. Whilst of a somewhat utilitarian appearance (as is usually the case in respect of large-scale employment development), the proposed building has some merit in terms of its colour palette, and the use of glazing to the southern elevation.

The form of development is therefore appropriate.

6.2.9 Sustainable Building Strategy In order to provide a sustainable form of building design, the applicants have undertaken to incorporate a number of measures into the detailed design of the proposed buildings including natural ventilation, thermal solar hot water collectors, low energy lighting, water flow restriction devices and rainwater harvesting, as well as sustainable urban drainage techniques. Whilst consideration has been given to additional measures such as photovoltaic cells, ground source heat pumps and wind turbines, these have been ruled out on cost viability grounds. Nevertheless, it is considered that the proposed package of measures would represent a reasonably sound approach to developing in a sustainable manner in accordance with the

21 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A encouragement given to such measures within the supplement to PPS 1 (Planning and Climate Change).

6.3 Other Developer Contributions In addition to the public transport contributions offered as set out above, the applicants are also agreeable to making contributions in respect of leisure and, specifically, towards improvement works at the South Street Recreation Ground. Initially, a sum of £100,000 was requested by the District Council's Head of Leisure and Culture as a partial contribution towards a project (which would also need to be supported by additional funding from other sources). Following further discussions involving officers and the developers, a more detailed specification has been provided by the Head of Leisure and Culture so as to enable the developers to assess what works they could in fact undertake directly themselves, and the District Council's Head of Leisure and Culture has no objections to such an approach in principle. At the time of preparing this report the applicants have responded further to the effect that they propose to undertake directly a schedule of works which, using the District Council's costings, would equate to £100,000 (although they consider that, due to factors such as economies of scale given their intended presence on the application site etc., they may well be able to undertake the same works for a smaller figure), an approach the Head of Leisure and Culture is generally content with.

In seeking these contributions, the Head of Leisure and Culture relies upon the guidance within Leicestershire County Council's Statement of Developer Contributions in Leicestershire. In particular, under "Recreation, Community Facilities and Amenity Land", the types of development which the guidance envisages may trigger need includes large industrial / commercial developments as these "may generate excess demand on existing leisure facilities. Demand requiring the provision of new leisure facilities should be assessed on the basis of individual planning applications. Consideration should be given to the need for access to leisure provision before / after work (by commuters) as well as lunchtime leisure requirements by employees, including land of Nature Conservation value". In terms of the forms in which contributions may be made, the guidance includes "Provision of land (especially for children's play and amenity open space); creation of equipped playgrounds and sports pitches...". On this basis, it is considered that there is sufficient policy support for the nature of the contributions agreed.

In addition to the agreed works, the Parish Council have recently requested the payment of an additional £55,000 towards construction of a new pavilion and security measures on South Recreation Ground, together with a commuted sum for ongoing maintenance of footpaths and fencing. The Parish Council considers that there may need to be a new electricity supply to the pavilion. The applicants' response to this request is awaited, and any comments will be reported on the Update Sheet; however, it should be borne in mind that any such request should comply with the advice in Circular 05/2005 - Planning Obligations.

It has also been suggested that some of the money required by the Highways Agency (see 6.2.1 above) be spent on alternative measures within Ellistown (e.g. such as those sought by the Parish Council). However, it is considered that such a "re-allocation" of Section 106 funding would not be appropriate having regard to the requirements of Circular 05/2005 in that the contributions identified as necessary by the Highways Agency would be specifically required to offset the harm otherwise caused (i.e. impact on the motorway junction etc.).

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6.4 Conclusions The principal issues regarding these applications are the appropriateness of the scheme coming forward outside of the Local Plan / LDF process, having regard to the location of the site (i.e. outside Limits to Development and not attached to Coalville) and the employment land supply within the District.

For the reasons set out above, the proposed development would not necessarily result in an over-supply of employment land, particularly having regard to the opportunity to secure an element of smaller B2 units which are in relatively short supply. Whilst the site scores relatively poorly in terms of the sequential approach to development, significant weight should be attributed to the restoration of a derelict site (including provision of an undeveloped area with ecological benefits) in accordance with the aims of Local Plan Policy E37 which, given the absence of conditions requiring such in association with the former minerals use of the site, are unlikely to be otherwise secured.

It is therefore recommended that all three applications be permitted subject to the applicants entering into a Section 106 agreement(s) to secure the various contributions listed within the recommendation below.

Given the proposed development would involve a major development within the countryside, and would involve a major new employment site outside of the Development Plan framework, the proposals would represent a departure from the current Development Plan. As such, under the terms of the Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999, in the event that Members are minded to permit the applications, the Local Planning Authority will be required to refer them to the Secretary of State in order that she may determine whether she wishes to intervene.

RECOMMENDATION- PERMIT application 07/01108/FUL, subject to the Secretary of State deciding not to intervene, subject to Section 106 Obligations, and subject to the following condition(s):

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

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

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

Reason - To enable the Local Planning Authority to retain control over the external appearance.

3 No development shall commence until such time as a landscaping scheme for the plot has been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in the first planting and seeding season following either the first occupation or the bringing into use of the development hereby approved unless an alternative implementation programme is first agreed in writing with the Local Planning Authority.

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

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

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

5 The development hereby permitted shall be carried out strictly in accordance with the floor levels shown on plan number [insert] unless any alternative scheme of levels is first agreed in writing by the Local Planning Authority.

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

6 No work shall commence on site until such time as precise details of any gates, walls, fences or other means of enclosure proposed to be provided on the site have been submitted to and agreed in writing by the Local Planning Authority. Notwithstanding the provisions of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) no gates, fences, walls or other means of enclosure (other than any approved pursuant to this condition) shall be erected, unless planning permission has first been granted by the Local Planning Authority.

Reason - To preserve the amenities of the locality.

7 No work shall commence on site until such time as precise details of the proposed gatehouse have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details.

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

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

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

9 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved programme and details.

Reason - To prevent the increased risk of flooding.

10 No erection of any buildings approved by this permission shall be commenced until such time as the proposed surface water run-off attenuation pond has been constructed and is in use.

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Reason - To prevent the increased risk of flooding.

11 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas 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.

Reason - To prevent pollution of the water environment.

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

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

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

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

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

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

Reason - To ensure satisfactory archaeological investigation and recording.

14 No work shall commence on site until such time as precise details of those areas affected and unaffected by the presence of protected species, rare species or Japanese Knotweed have been submitted to and agreed in writing by the Local Planning Authority.

Reason - In the interests of nature conservation.

15 No works shall take place within any area identified under the details agreed pursuant to Condition 14 above as being affected by the presence of protected species, rare species or Japanese Knotweed until such time as detailed schemes for the mitigation against harm / enhancement to reptiles, the Dingy Skipper population and any other rare / notable species and for the treatment of any Japanese Knotweed have been submitted to and agreed in writing by the Local Planning Authority. No development shall be undertaken within the areas identified unless in strict accordance with the agreed details.

Reason - In the interests of nature conservation.

16 No site works of any description shall take place on the site until such time as the existing trees / hedgerows shown as retained on the proposed layout have been securely fenced off in accordance with the scheme for their protection as detailed within the arboricultural report / assessment deposited with the Local Planning Authority on [insert]. Within the fenced off areas there shall be no alteration to ground levels, no compaction of the soil, no stacking or storing of any materials and any service trenches shall be dug and back-filled by hand, unless any alteration is first agreed in writing by the Local Planning Authority.

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

17 Prior to its installation, precise details of any external lighting proposed for the site shall

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be submitted to and approved in writing by the Local Planning Authority. No external lighting save for any approved under the agreed scheme shall be installed.

Reason - To preserve the amenities of the locality.

18 No work shall commence on site until such time as precise details of the means of access to the site from Beveridge Lane (including the proposed roundabout as generally shown on Colin Buchanan drawing no. Figure 1 dated 30/08/07) have been submitted to and agreed in writing by the Local Planning Authority in consultation with the Local Highway Authority. No part of the development shall be brought into use until such time as the agreed scheme has been implemented in full and is available for use.

Reason - To ensure a satisfactory means of access to the development, in the interests of highway safety.

19 Notwithstanding the provisions of Part 2 of Schedule 2, Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), no gates shall be erected to the vehicular access.

Reason - To enable a vehicle to stand clear of the highway in order to protect the free and safe passage of traffic, including pedestrians, in the public highway.

20 No construction works shall take place at any time unless vehicle wheel cleansing facilities are provided within the site and are available for use by all vehicles exiting the site before entering the highway.

Reason - To reduce the possibility of deleterious material (mud, stones etc) being deposited in the highway and becoming a hazard for road users.

21 The development shall not be used at any time unless the whole of the car parking areas shown as serving the Phase I development on the submitted plans have been surfaced and marked out and are available for use in association with the development.

Reason - To ensure a satisfactory level of off-street car parking to serve the development.

22 No work shall commence on site until such time as precise details of the proposed pedestrian, cyclist and emergency vehicle access into the site from Colliery Road have been submitted to and agreed in writing by the Local Planning Authority. The development shall not be used at any time unless the approved scheme has been provided in full and is available for use such that pedestrians, cyclists and emergency vehicles can access the site from Colliery Road.

Reason - To ensure the site can be accessed by emergency vehicles, and so as to encourage sustainable forms of travel to and from the site.

23 No development shall commence until such time as a scheme for off-street parking facilities (including any associated surfacing and marking out) for the various phases of the period of the construction of the development has been submitted to and agreed in writing by the Local Planning Authority. No construction works shall take place at any time unless the whole of the agreed construction parking provision in respect of the relevant phase has been formed and is available for use.

27 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

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

24 No work shall commence on site until such time as precise details of cycle parking to serve the development has been submitted to and agreed in writing by the Local Planning Authority. The development shall not be used at any time unless the approved scheme has been provided in full and is available for use in association with the development.

Reason - In the interests of encouraging sustainable forms of travel to and from the site.

25 No pumphouse, sprinkler tanks, substation or any other plant shall be installed on the site unless in accordance with details first submitted to and agreed in writing by the Local Planning Authority.

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

26 Unless otherwise agreed in writing by the Local Planning Authority, the development hereby permitted shall be undertaken strictly in accordance with the plans listed as "For Determination" in respect of application 07/01108/FUL as listed in the schedule of plans deposited with the Local Planning Authority on 24 April 2008.

Reason - To define the scope of this permission.

27 Notwithstanding Condition 26 above, unless otherwise agreed in writing by the Local Planning Authority, the development hereby permitted shall be undertaken strictly in accordance with the finished floor level of the proposed building as shown on plan no. 15283/A1/123.

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

Notes to applicant

1 Planning permission has been granted because the Council has determined that although representations have been received and the proposal does not fully accord with the policies of the Development Plan, the degree of harm that would arise would be insufficient to warrant refusal of planning permission. 2 For the avoidance of doubt, this decision has been made with regard to the schedule of drawings received by the Local Planning Authority on 24 April 2008. 3 Y02 4 Your attention is drawn to the attached report of the Highways Agency. 5 Your attention is drawn to the attached report of Leicestershire County Council’s Director of Highways, Transportation and Waste Management. 6 Your attention is drawn to the attached report of Natural England. 7 Your attention is drawn to the attached report of Leicestershire County Council’s Senior Planning Archaeologist. 8 Y03 9 Y04 10 This decision is in accordance with the resolution of the Planning Committee of 7 May

28 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

2008 and is subject to a Section 106 Obligation regarding the following matters: - Ecological management - Contributions towards improvements to South Street Recreation Ground - Landscape management - Provision of cycle / pedestrian links - Implementation and maintenance of Sustainable Urban Drainage measures - Phasing of development - Contributions towards public transport - Submission and implementation of a Travel Plan(s) - Routeing of construction traffic - Routeing of traffic using the Phase I development following construction

29 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

Erection of storage and distribution (B8) units with ancillary Report Item No B1 office space and industrial units (B2) with ancillary B1 A2 office space (Outline)

South Leicester Disposal Point South Street Ellistown Application Reference Coalville 07/01112/OUT

Applicant: Date Registered Graftongate Investments Limited And UK Coal Mining Limited 13 July 2007

Case Officer: Target Decision Date James Knightley 7 September 2007

Recommendation: PERMIT Subject to a Section 106 Agreement

Site Location

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office ©copyright . U na uthorised rep roduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

30 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

1. Proposals and Background Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

2. Publicity 96 neighbours have been notified (17 July 2007 ) Site Notice Posted 9 August 2007 Press Notice published 25 July 2007

3. Consultations Ellistown & Battleflat Parish Council consulted 17 July 2007 Head of Environmental Protection consulted 17 July 2007 Network Rail consulted 17 July 2007 Development Plans consulted 17 July 2007 County Highway Authority consulted 17 July 2007 Environment Agency consulted 17 July 2007 Severn Trent Water Limited consulted 17 July 2007 DEFRA consulted 17 July 2007 Natural England consulted 17 July 2007 National Forest Company consulted 17 July 2007 County Planning Authority consulted 17 July 2007 Ramblers' Association consulted 17 July 2007 LCC Request For Tree Or Forestry Advice consulted 17 July 2007 Head Of Leisure And Culture consulted 17 July 2007 SUSTRANS consulted 17 July 2007 NHS Leicester, Leicestershire And Rutland Facilities Consor consulted 18 July 2007 LCC Request For Tree Or Forestry Advice consulted 31 October 2007 Highways Agency- affecting trunk road consulted 3 October 2007 East Midlands Regional Assembly consulted 3 October 2007 County Archaeologist consulted 17 July 2007 Julie Tanner - Head Of Urban Policy And Planning East Midlan consulted 3 September 2007

4. Summary of Representations Received Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

5. Relevant Planning Policy Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

6. Assessment Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

RECOMMENDATION- PERMIT application 07/01112/OUT, subject to the Secretary of State deciding not to intervene, subject to Section 106 Obligations, and subject to the following condition(s):

1 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall begin before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

31 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

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

2 Approval of the details of the layout, scale, appearance, access and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason - This permission is in outline only.

3 The reserved matter application(s) shall include details of existing and finished ground levels and the proposed floor levels of the building(s) (in relation to an existing datum point).

Reason - To enable the Local Planning Authority to fully assess the development in the light of the ground levels on the site.

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

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

5 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved programme and details.

Reason - To prevent the increased risk of flooding.

6 No erection of any buildings approved by this permission shall be commenced until such time as the proposed surface water run-off attenuation pond has been constructed and is in use.

Reason - To prevent the increased risk of flooding.

7 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas 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.

Reason - To prevent pollution of the water environment.

8 No development approved by this permission shall be commenced until such time as: (a) A Desk Top Study (Phase I Investigation) of the site has been conducted. The Desk Top Study report shall include an assessment of the environmental setting, including geology, hydrogeology, landfills and all other relevant environmental information. The report shall include a risk assessment of the proposed development including potential sources, pathways and receptors and a conceptual site model. Following the risk assessment, recommendations for intrusive investigation, if necessary, shall be

32 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

provided, including the rationale behind the design and justification of proposed chemical testing. The Phase I Investigation report shall be submitted to and approved in writing by the Local Planning Authority prior to conducting an intrusive investigation.

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

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

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

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

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

33 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

authority.

Reason - To ensure satisfactory archaeological investigation and recording.

10 No work shall commence on site until such time as precise details of those areas affected and unaffected by the presence of protected species, rare species or Japanese Knotweed have been submitted to and agreed in writing by the Local Planning Authority.

Reason - In the interests of nature conservation.

11 No works shall take place within any area identified under the details agreed pursuant to Condition 10 above as being affected by the presence of protected species, rare species or Japanese Knotweed until such time as detailed schemes for the mitigation against harm / enhancement to reptiles, the Dingy Skipper population and any other rare / notable species and for the treatment of any Japanese Knotweed have been submitted to and agreed in writing by the Local Planning Authority. No development shall be undertaken within the areas identified unless in strict accordance with the agreed details.

Reason - In the interests of nature conservation.

12 No more than 764 square metres (gross) of floorspace within Class B2 of the Town and Country Planning (Use Classes) Order 1987 (including any ancillary B1 office space) out of a total of 4,480 square metres of B2 floor space, shall be provided within single units (in use under single occupancy) with a gross floorspace of more than 278 square metres at any time.

Reason - To ensure the proposed development meets the employment land requirements of smaller units within the District.

13 Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and / or the Town and Country Planning (General Permitted Development) Order 1995 (or any orders revoking and re-enacting those Orders), none of the approved Class B2 (general industrial) units hereby permitted shall be used for purposes within Class B8 (storage and distribution) unless planning permission has first been granted by the Local Planning Authority.

Reason - To ensure that the proposed units meet the employment land requirements of the District.

14 The reserved matters application(s) shall include full details of works to any existing trees and hedgerows, and any means of protection to those which are proposed to be retained.

Reason - To ensure that any important trees and hedgerows are retained, in the interests of amenity.

15 Prior to its installation, precise details of any external lighting proposed for the site shall be submitted to and approved in writing by the Local Planning Authority. No external lighting save for any approved under the agreed scheme shall be installed.

Reason - To preserve the amenities of the locality.

34 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

16 No construction works shall take place at any time unless vehicle wheel cleansing facilities are provided within the site and are available for use by all vehicles exiting the site before entering the highway.

Reason - To reduce the possibility of deleterious material (mud, stones etc) being deposited in the highway and becoming a hazard for road users.

17 No development shall commence until such time as a scheme for off-street parking facilities (including any associated surfacing and marking out) for the various phases of the period of the construction of the development has been submitted to and agreed in writing by the Local Planning Authority. No construction works shall take place at any time unless the whole of the agreed construction parking provision in respect of the relevant phase has been formed and is available for use.

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

18 Unless otherwise agreed in writing by the Local Planning Authority, the development hereby permitted shall be undertaken strictly in accordance with the plans listed as "For Determination" in respect of application 07/01112/OUT as listed in the schedule of plans deposited with the Local Planning Authority on 24 April 2008.

Reason - To define the scope of this permission.

Notes to applicant

1 Planning permission has been granted because the Council has determined that although representations have been received and the proposal does not fully accord with the policies of the Development Plan, the degree of harm that would arise would be insufficient to warrant refusal of planning permission. 2 For the avoidance of doubt, this decision has been made with regard to the schedule of drawings received by the Local Planning Authority on 24 April 2008. 3 Y02 4 Your attention is drawn to the attached report of the Highways Agency. 5 Your attention is drawn to the attached report of Leicestershire County Council’s Director of Highways, Transportation and Waste Management. 6 Your attention is drawn to the attached report of Natural England. 7 Your attention is drawn to the attached report of Leicestershire County Council’s Senior Planning Archaeologist. 8 Y03 9 Y04 10 This decision is in accordance with the resolution of the Planning Committee of 7 May 2008 and is subject to a Section 106 Obligation regarding the following matters: - Ecological management - Contributions towards improvements to South Street Recreation Ground - Landscape management - Provision of cycle / pedestrian links - Implementation and maintenance of Sustainable Urban Drainage measures - Phasing of development - Contributions towards public transport - Submission and implementation of a Travel Plan(s)

35 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

- Routeing of construction traffic - Routeing of traffic using the Phase I development following construction

36 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

Ground engineering/earthworks to form plateaux for proposed Report Item No development of site A3

South Leicester Disposal Point South Street Ellistown Application Reference Coalville 07/01119/FUL

Applicant: Date Registered Graftongate Investments Limited And UK Coal Mining Limited 13 July 2007

Case Officer: Target Decision Date James Knightley 7 September 2007

Recommendation: PERMIT Subject to a Section 106 Agreement

Site Location

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office ©copyright . U na uthorised rep roduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

37 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

1. Proposals and Background Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

2. Publicity 97 neighbours have been notified (18 July 2007 ) Site Notice posted 9 August 2007 Press Notice published 25 July 2007

3. Consultations Ellistown & Battleflat Parish Council consulted 17 July 2007 Head of Environmental Protection consulted 17 July 2007 County Archaeologist consulted 17 July 2007 Network Rail consulted 17 July 2007 Development Plans consulted 17 July 2007 County Highway Authority consulted 17 July 2007 Environment Agency consulted 17 July 2007 Severn Trent Water Limited consulted 17 July 2007 Natural England consulted 17 July 2007 DEFRA consulted 17 July 2007 National Forest Company consulted 17 July 2007 County Planning Authority consulted 17 July 2007 Ramblers' Association consulted 17 July 2007 SUSTRANS consulted 17 July 2007 Head Of Leisure And Culture consulted 17 July 2007 NHS Leicester, Leicestershire And Rutland Facilities Consor consulted 17 July 2007 LCC Request For Tree Or Forestry Advice consulted 17 July 2007 County Archaeologist consulted 1 August 2007 Network Rail consulted 1 August 2007 Environment Agency consulted 1 August 2007 LCC Request For Tree Or Forestry Advice consulted 31 October 2007 Highways Agency- affecting trunk road consulted 3 October 2007 East Midlands Regional Assembly consulted 3 October 2007 Julie Tanner - Head Of Urban Policy And Planning East Midlan consulted 3 September 2007

4. Summary of Representations Received Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

5. Relevant Planning Policy Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

6. Assessment Members are referred to the joint report produced in respect of application ref. 07/01108/FUL

RECOMMENDATION- PERMIT application 07/01119/FUL, subject to the Secretary of State deciding not to intervene, subject to Section 106 Obligations, and subject to the following condition(s):

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

38 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

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

2 The development hereby permitted shall be carried out strictly in accordance with the floor levels shown on plan number [insert] unless any alternative scheme of levels is first agreed in writing by the Local Planning Authority.

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

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

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

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

39 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

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

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

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

Reason - To ensure satisfactory archaeological investigation and recording.

5 No work shall commence on site until such time as precise details of those areas affected and unaffected by the presence of protected species, rare species or Japanese Knotweed have been submitted to and agreed in writing by the Local Planning Authority.

Reason - In the interests of nature conservation.

6 No works shall take place within any area identified under the details agreed pursuant to Condition 5 above as being affected by the presence of protected species, rare species or Japanese Knotweed until such time as detailed schemes for the mitigation against harm / enhancement to reptiles, the Dingy Skipper population and any other rare / notable species and for the treatment of any Japanese Knotweed have been submitted to and agreed in writing by the Local Planning Authority. No development shall be undertaken within the areas identified unless in strict accordance with the agreed details.

Reason - In the interests of nature conservation.

7 No site works of any description shall take place on the site until such time as the existing trees / hedgerows shown as retained on the proposed layout have been securely fenced off in accordance with the scheme for their protection as detailed within the arboricultural report / assessment deposited with the Local Planning Authority on [insert]. Within the fenced off areas there shall be no alteration to ground levels, no compaction of the soil, no stacking or storing of any materials and any service trenches shall be dug and back-filled by hand, unless any alteration is first agreed in writing by the Local Planning Authority.

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

8 No construction works shall take place at any time unless vehicle wheel cleansing facilities are provided within the site and are available for use by all vehicles exiting the site before entering the highway.

40 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

Reason - To reduce the possibility of deleterious material (mud, stones etc) being deposited in the highway and becoming a hazard for road users.

9 No development shall commence until such time as a scheme for off-street parking facilities (including any associated surfacing and marking out) for the various phases of the period of the construction of the development has been submitted to and agreed in writing by the Local Planning Authority. No construction works shall take place at any time unless the whole of the agreed construction parking provision in respect of the relevant phase has been formed and is available for use.

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

10 Unless any alteration is first agreed in writing by the Local Planning Authority, no ground engineering works shall take place at any time unless the access road into the site has been surfaced in tarmacadam or other hardbound material for a minimum of 50 metres into the site.

Reason - To reduce the possibility of deleterious material (mud, stones etc) being deposited in the highway and becoming a hazard for road users.

11 Unless any alteration is first agreed in writing by the Local Planning Authority, no material shall be imported or exported from the site.

Reason - To ensure the development takes the form envisaged by the Local Planning Authority.

12 Unless otherwise agreed in writing by the Local Planning Authority, the development hereby permitted shall be undertaken strictly in accordance with the plans listed as "For Determination" in respect of application 07/01119/FUL as listed in the schedule of plans deposited with the Local Planning Authority on 24 April 2008.

Notes to applicant

1 Planning permission has been granted because the Council has determined that although representations have been received and the proposal does not fully accord with the policies of the Development Plan, the degree of harm that would arise would be insufficient to warrant refusal of planning permission. 2 For the avoidance of doubt, this decision has been made with regard to the schedule of drawings received by the Local Planning Authority on 24 April 2008. 3 Y02 4 Your attention is drawn to the attached report of the Highways Agency. 5 Your attention is drawn to the attached report of Leicestershire County Council’s Director of Highways, Transportation and Waste Management. 6 Your attention is drawn to the attached report of Natural England. 7 Your attention is drawn to the attached report of Leicestershire County Council’s Senior Planning Archaeologist. 8 Y03 9 Y04 10 This decision is in accordance with the resolution of the Planning Committee of 7 May 2008 and is subject to a Section 106 Obligation regarding the following matters:

41 Planning Committee 7 May 2008 Development Control Report PREVIOUSLY CONSIDERED ITEMS- SECTION A

- Ecological management - Contributions towards improvements to South Street Recreation Ground - Landscape management - Provision of cycle / pedestrian links - Implementation and maintenance of Sustainable Urban Drainage measures - Phasing of development - Contributions towards public transport - Submission and implementation of a Travel Plan(s) - Routeing of construction traffic - Routeing of traffic using the Phase I development following construction

42 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

SECTION B- PLANNING APPLICATIONS

43 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Erection of building comprising ground floor retail unit and 10 Report Item No no. flats at first floor level following demolition of existing B1 former council offices and depot

5 Kilwardby Street Ashby-De-La-Zouch Leicestershire LE65 Application Reference 2FR 07/01490/FUL

Applicant: Date Registered Silvia Limited 26 September 2007

Recommendation: Target Decision Date PERMIT 21 November 2007

Site Location

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

44 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

1. Proposals and Background The application site is located on the southern side of Kilwardby Street, Ashby de la Zouch and comprises the former offices of the County Council’s Western Divisional Surveyors (No. 5 Kilwardby Street) with its former depot buildings and yard area, along with existing garden lands to Alpha Cottages and Hendon House (No. 3 Kilwardby Street). The existing vehicular access into the site is located adjacent to Hendon House (No. 3 Kilwardby Street); a three storey Grade II listed building. To the west, and separated from the application site by a public footpath, are recently constructed two storey dwellings on Churchside Walk. Located opposite the site is the vehicular exit (only) from the customer car park to the Somerfield Supermarket, either side of which are three storey Grade II listed buildings (The Fallen Knight Hotel/Restaurant and Nos. 10/12 Kilwardby Street). To the south of the site is the Roman Catholic Church of Our Lady of Lourdes, also Grade II listed.

The application site is located within the town centre shopping area and - with the exception of No. 5 Kilwardby Street itself - also within the Bath Street/Kilwardby Street Redevelopment Site as defined in the adopted North West Leicestershire Local Plan (Policy R8(d)). The site is also located within the Ashby de la Zouch Conservation Area and the adopted Conservation Area Appraisal and Study (2001) identifies the property at Nos. 5 Kilwardby Street as a building making a positive contribution towards the streetscape of the conservation area.

Full planning permission (reference: 07/01490) is sought to erect a two/three storey building comprising a ground floor retail (Class A1) use of some 810 square metres in floorspace with ten No. one and two bedroom flats above, following the demolition of the existing buildings on the site and the removal of 5 No. conifer trees. The scheme provides for a two storey development to its frontage along Kilwardby Street which replicates the architectural detailing evident to existing buildings of the Georgian and Victorian periods in the vicinity of the application site. Towards the rear of the site the building elements have a more functional form and appearance and the rearmost section incorporates the three storey element. The proposed materials of construction comprise a combination of brickwork, render with ashlar lining and plain render along with slate and plain tiles to roofs. Pitched and mono-pitched roofs are proposed to the elevations of the building(s) facing outwards from the development, with a flat roofed section to the central part of the building which can be accessed at first floor level to provide a communal area for residents of the flats.

The submitted plans show that the scheme will utilise the existing vehicular access into the site from Kilwardby Street subject to improvements to facilitate access out of the site in an eastwards direction. A speed restraint is also proposed to the access drive which will serve 27 No. car parking spaces for staff/customers (including 3 No. spaces for persons with disabilities) and 10 No. car parking spaces for the residents of the flats. A vehicle turning/manoeuvring area is to be provided immediately to the rear of the retail premises and the resident’s car parking area will be accessed via a controlled gated access. The staff/customer car parking area will be ‘closed off’ outside the hours of operation by means of telescopic rising bollards. Cycle parking facilities are proposed at the site in relation to both the retail and residential uses and the submitted drawings indicate that an electricity sub-station may potentially be located to the north of Alpha Cottages, although the applicants request that this matter be the subject of a condition of any planning permission as there is no guarantee at this stage that such a facility will definitely be required.

The application as originally submitted showed the proposed erection of three/two storey buildings of a different design with alternative facing materials (including timber cladding). The scheme was amended following substantive negotiations between planning officers and the applicant’s agents in the light of concerns raised by officers in respect of the compatibility of the

45 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B scheme with its historic environs and the physical relationship with existing adjoining dwellings.

To accompany the application as originally submitted the applicants agent provided a design and access statement, a transport assessment, a planning policy case, archaeological survey, daylight and sunlight report, party wall report, land contamination desk top study and a ground investigation report. The transport assessment indicated that service vehicles accessing the application would be routed via Hill Street/Kilwardby Street. In the light of concerns raised by the County Highway Authority and local residents, however, the transport assessment has been amended to provide for revised delivery access routes to serve the retail which avoids Hill Street and Kilwardby Street (to the west of the application site). The specific delivery access routes now proposed to/from the site linking to the Ashby By-pass/A42 are along Bath Street/Station Road, along Market Street/Wood Street/Nottingham Road or along Derby Road and thereafter either along Burton Road or Smisby Road. Further, a unilateral undertaking has been drafted by the applicants the effect of which will essentially be to oblige the occupier of the retail unit to use the service routes in the revised traffic assessment.

With regard to the operation of the retail unit the submissions indicate that the hours of opening will be 8am to 6pm and that some 30 staff will be employed at the site.

In submissions to accompany the revised scheme the applicants agent also addresses other matters raised by officers in relation to the original submission as follows :-

• Obscured glazing has been provided to prevent overlooking both the side windows of Hendon House and its garden.

• Having examined the position in relation to TV Reception it is considered that given the ridge of the proposed buildings is lower (than that previously proposed) there is no reason as why television reception to the properties on Churchside Walk should be interfered with.

• With regard to services and facilities at the site, the future occupier does not have requirement for an external trolley store or external mechanical plant. Further whilst an on-site bakery is likely to be provided this will similarly not require any external plant, ducting or fans.

• The proposed hours of servicing of the retail unit are between 6.30 am and 9.00 pm, which it is considered will avoid harm to residential amenity. Any condition of the planning permission might have different hours for Sunday deliveries (if any).

• In relation to the use of the customer car park the end user’s practice is to employ Europark (who also look after the Somerfield car park). No strategy has yet been devised for the management of the car park: as that is something that Europark would consider at the time the store opens reflecting the current conditions in the locality at the time. Notwithstanding this it is fair to assume that such a strategy may require car park users to make retail purchases in the store.

An associated application for conservation area consent (reference: 07/01508) has been submitted concurrently for the demolition of the existing buildings at the site. The application for conservation area consent is the subject of a separate later report on this agenda, however, the issue of the principle of the demolition of the existing buildings is an also integral consideration in relation to this application for planning permission and therefore is also dealt with in the Assessment section of this report. A previous application for planning permission for retail development/flats on the application site (ref: 06/01777) and an associated application for conservation area consent for demolition works (reference: 06/01791) were withdrawn by the

46 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B applicants following an indication from officers that the proposed scheme would receive an unfavourable recommendation due its likely negative impact on the character and appearance of the Conservation Area.

2. Publicity 64 neighbours notified. Site Notice posted Press Notice published 10 October 2007

3. Consultations Ashby De La Zouch Town Council consulted 28 September 2007 Environment Agency consulted 30 January 2008 County Highway Authority consulted 30 January 2008 English Heritage- major dev in CA consulted 30 January 2008 Listed Building/Conservation Advice consulted 30 January 2008 County Archaeologist consulted 28 September 2007 English Heritage- major dev in CA consulted 28 September 2007 Head of Environmental Protection consulted 28 September 2007

4. Summary of Representations Received The following representations were received in relation to the application as originally submitted :- Ashby de la Zouch Town Council raised objections on the grounds that HGV access using Hill Street is unacceptable.

Ashby de la Zouch Civic Society supported the demolition of the existing building and the principle of its replacement with a new structure incorporating a large retail space designed for the conservation area. The Civic Society, however, felt that there were concerns to be resolved with the design of the proposed building and the traffic management and therefore raised objections on the following grounds :-

The proposal to use Hill Street as a goods vehicle delivery route is unsound due to the narrowness of the street and on street parking. On street parking will be at a maximum in the evening when the deliveries are envisioned. An alternative route should be found.

Whilst the frontage of the building is of an acceptable design and the Society’s previous concerns over the height of the building have been addressed, it is considered that the wooden cladding on the side of the building is highly inappropriate. Such treatment does not refer to any other building in the town and certainly does not refer to any Georgian style predominate in the area. It is requested that the side elevations are modified to be sympathetic to the Georgian frontage style.

The Society also pointed out that it had been approached by the local residents who have concerns which if addressed would improve the acceptance of this development to them. It is requested that their concerns are also considered.

County Archaeologist had no comments to make on the demolition of the existing buildings at the site and with regard to below ground archaeology raised no objections subject to measures being put in place to provide for appropriate recording work.

47 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

County Highway Authority raised no objections in principle, although the Authority questioned as to whether a condition could be applied such that deliveries, particularly by HGVs only take place at certain times such that the vehicle can enter the site for loading/unloading and leave in a forward direction at all times.

The County Highway Authority also commented that there had been concerns raised by residents of the western end of Kilwardby Street and of Hill Street as to the contents of the Transport Assessment, which stipulates that the lorry that would service the site would do so via these routes. Accordingly, the County Highway Authority recommended that the design of the access drive be amended to enable vehicles, including the delivery vehicle, to manoeuvre onto and off of Kilwardby Street in a safe and controlled manner and to allow for vehicles to pass clear of the highway. Such an amendment would allow for easier access by delivery vehicles whereby it could turn left into the site from Kilwardby Street and right out onto Kilwardby Street rather than coming into the site from the west or leaving the site and heading west. The left in/right out access leads to roads which are more suitable. Under the circumstances, the County Highway Authority questioned as to whether the District Council were able to impose a planning condition whereby all delivery vehicles over 7.5 tonnes associated with the site, are limited to entering and leaving the site via the eastern end of Kilwardby Street.

English Heritage had no comments and recommended that the application be determined in accordance with national and local planning guidance and on the basis of the Council’s specialist conservation advice.

Environment Agency indicated that upon a review of the Desk Study Report that it appeared that the risk to controlled waters from any potential contamination present on site is minimal, although any subsequent intrusive ground investigation should include an analysis of soil samples. The Environment Agency also pointed out that in accordance with guidance outlined in PPS 23: Planning and Pollution Control (2004), it remains the responsibility of the landowner and developer to identify land affected by contamination and to ensure that remediation is undertaken to secure a safe development. Therefore should any significant contamination, not assessed by virtue of the submitted reports become apparent subsequently responsibility remains with these parties.

FLOAT (Packington Flood Action Team) raised objections on the basis that the development, along with a number of other current proposals will add to volume and speed of water collection in the Ashby catchment area of the Gilwiskaw Brook. FLOAT state as has clearly been shown in a report already supplied to the District Council any development in the catchment area, without water balancing, directly leads to an increased risk of flooding downstream. The drainage system of Ashby de la Zouch is totally inadequate and the District Council does not have an adequate development policy to deal with this. FLOAT believes this to be reckless and therefore object to all development in the Ashby/Smisby catchment area of the Gilwiskaw Brook until the situation is rectified.

A total of 13 letters of representation were received in respect of the application as originally submitted.

8 letter(s) were received from local residents on Hill Street/Kilwardby Street raising objections to the scheme as originally submitted for the following reasons :-

The use of Hill Street and Kilwardby Street by delivery vehicles would further compromise vehicular and pedestrian safety in the locality at any time of day. Additional hazards would also be created on Kilwardby Street from parking for the retail unit as the off-street parking facilities

48 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B proposed for the development are inadequate. A recent planning application at No. 16 Hill Street was refused - mainly due to car parking issues - whilst this current application has more wide ranging safety issues for the locality.

Traffic congestion at the bottom of Kilwardby Street will only be worsened as a result of the proposal. At present there are two bus stops outside the Fallen Knight (one on each side of the road) and the road junctions with the exit to Somerfield car park plus the exit & entrance to the Fallen Knight, The Trinity Church, to Churchside Walk, Trinity Church Hall and finally to Hendon House.

It is questioned as to whether the town needs another supermarket - in addition to Somerfield and Tesco - to further take away trade from the local shops in the centre which gives Ashby de la Zouch its character. Such developments will create yet another homogenous town centre

The scheme will have a detrimental impact on the ‘walking bus’ which serves local schools.

It is considered that the proposed retail units should be put on Smisby Road where there is more suitable space and then the retailers can run a free bus every 15 minutes from the town centre on a circular route. The application property itself should be turned into a function room for use by the town as it was in 2006 for the Arts Festival.

A petition was received from the residents of 20 No. dwellings on Hill Street (16 No.), Kilwardby Street (2 No), Moira Road (1 No.) and Burton Road (1 No.) raising objections to the routing of delivery vehicles along Hill Street on the basis that it would be detrimental to vehicular and pedestrian safety, be detrimental to residential amenities by reason of noise and pollution and would leave historic buildings vulnerable to constant traffic vibration. The petition suggested that the retail development should utilise the HGV routes in and out of the town already used by delivery vehicles serving existing town centre retail outlets, namely; to the A42 either via Measham Road/Bath Street or Market Street or to the A511 Ashby by-pass via Smisby Road.

Two individual letters of representation received from local residents and a letter received from the Churchside Walk and Kirkland Close Residents Groups (The Group comprises the residents of Nos. 1-8 Churchside Walk and Nos. 1-6 Kirkland Close) raised the following objections and concerns summarised below :-

The proposed development would be visually dominant and out of relation with its immediate environs even allowing for the slight increase in road level as Kilwardby Streets rises.

The proposed development is in the middle of a residential area and not within the core of the town as contended by the applicants.

Whilst it has always been understood the land to the rear of the site would be developed at some stage, this was not the case with regard to the frontage. The recent developments off Bath Street have, however, left the site ‘land-locked’ and this means that the only option now is total access off Kilwardby Street.

There is concern that the century old building of the former Ashby Urban District Council, which has played such a part in the town’s recent history, is being demolished.

Concerns are raised about the security of the car park serving the retail use after hours.

There will be potential impacts in terms of rubbish disposal and smells, especially in hot

49 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B weather.

It is questioned as to what the hours of opening will be and as to what the hours and frequency of deliveries will be.

There is no provision for a trolley park. Such a scheme should have a £1 coin type trolley operation as per that at the Somerfield supermarket.

With regard to noise (e.g. offloading, reversing alarms etc.) it questioned as to how this is this being dealt with and by whom.

The proposed parking for staff and customers and residents would be inadequate and there is no visitor parking provision for residents. Parking will be likely to spill over into surrounding areas causing further driving and pedestrian problems.

The submitted plans are misleading as they show what appears to be a wall across the entrance to Churchside Walk. This is in fact a private road, and the sole vehicular access, which serves all 14 No. properties on Churchside Walk and Kirkland Close. It is also the egress of a public footpath.

No thought appears to have been given to the effect on traffic management out of Churchside Walk onto Kilwardby Street. Problems already exist at certain times of the day, including traffic which comes to a standstill when HGVs and buses stop at the entrance due to on-street parking in Kilwardby Street and delays at mini roundabout at Bath Street junction. Within a very short distance there will be seven vehicular access/egress points, all involving vehicles turning east and west onto Kilwardby Street.

Boundary wall repairs to Churchside Walk and a street sign would be required as part of the development otherwise the entrance to the development cannot be seen by emergency services, e.g. ambulances, when approaching down Kilwardby Street from the west.

Unauthorised parking in Churchside Walk is already causing considerable nuisance and damage to property, and can only increase when the new development is built. To preserve the integrity of this private road, it is considered that the provision of an electrically operated gated entry will become essential, the cost of which it is suggested should be borne by the developers of the new site. The proposed residential flats are to be entry controlled and Somerfield supermarket car park is gated at night, leaving only Churchside Walk exposed to unauthorised parking.

The public footpath alongside Churchside Walk is used by many elderly and disabled people from the Wilfred Gardens/Pithiviers Close area into Kilwardby Street and by pre-school children attending the Trinity Church Play Group. There is also a “walking bus” along this path. It is questioned as to whether any consideration has been given to a pedestrian crossing on Kilwardby Street.

There are concerns about television reception interference due to the erection of a three storey building in front of the properties in the Churchside Walk and Kirkland Close development. Residents currently have problems with television reception.

The letter received from the Churchside Walk and Kirkland Close Residents Groups also requested a site meeting with representatives of the District Council to discuss their major concerns.

50 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

A letter of representation was also received from one of the adult organisers of the ‘Walking Bus’ which leaves from the car park of the Somerfields Supermarket and escorts a number of children to Ashby Hill Top School. The letter raised opposition to the scheme on the basis that it would bring heavy traffic to Kilwardby Street which is already dangerously busy because of cars parked on one side of the street and increased traffic from Moira. It is also pointed out that the site is opposite the exit from the car park to the Somerfields Supermarket.

Following the receipt of the revised plans, the Town Council, the Civic Society, English Heritage and the County Highway Authority, along with local residents were re-consulted. The following responses have been received :-

Ashby de la Zouch Town Council raise objections on the following grounds :-

• Deliveries should be confined to the hours of 06.00am to 09.00pm only.

• Arrangements should be made for store car parking spaces to be available to enable delivery vehicles to turn around.

• Inadequate provision is made for residential and disabled car parking spaces.

Ashby Civic Society state that it supports the demolition of this building and the principle of its replacement with a new structure incorporating a large retail space and dwellings designed for the conservation area. The Society also state that they are pleased to see that our previous concerns have been addressed therefore now can support the approval of this application.

County Highway Authority comments that it remains generally satisfied with the proposals, although it requests the control of delivery times and routes by Legal Agreement/Condition.

English Heritage recommends that the application be determined in accordance with national and local planning guidance and on the basis of the Council’s specialist conservation advice. Government guidance in PPG15 highlights the important role of the local authority in acting as a steward for the historic environment and emphasises the need for decisions concerning this finite resource to be made on the made on the basis of a fully informed understanding of the implications involved.

One further letter of representation was received from local residents whereby the residents comment that they have no objections in principle to the scheme and believe the present proposals are better visually than the present building. The residents, however, consider that as per operations at the Somerfields supermarket deliveries to the site should be restricted to between the hours of 6 am and 9 pm.

5. Relevant Planning Policy The following development plan policies are considered relevant to the determination of this application.

RSS 8

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

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

51 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Policy 4 seeks to encourage Local Planning Authorities, regional bodies, utility providers and developers to work together to ensure standards of design and construction are constantly improved.

North West Leicestershire Local Plan

Policy R1 indicates inter alia that shopping and related development (such as financial and professional services and food and drink uses) will be permitted within Ashby-de-la-Zouch Town Centre

Policy R4 permits retail uses (Classes A1, A2 and A3); and other uses where the services are provided principally to visiting members of the public, and which are appropriate to a Town Centre location, subject to environmental and traffic considerations. Uses should normally include a shop window display frontage and maintain a window display.

Policy R8(d) indicates inter alia that redevelopment for shopping and related purposes (such as financial and professional services and food and drink uses) will be permitted on the west side of Bath Street/south of Kilwardby Street, Ashby-de-la-Zouch, subject to the retention of the listed buildings on the site and the enhancement of their setting and subject to environmental and traffic considerations. Policy R8(d) also provides that the redevelopment of the site must be comprehensive in design and well-related to the form and functioning of adjoining parts of the shopping area and that piecemeal redevelopment which would be prejudicial to the objectives of this policy will not be permitted.

Policy R16 indicates inter alia that within the Ashby-de-la-Zouch Shopping Area the use of upper floors for purposes including residential use will be permitted, subject to parking and amenity considerations.

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

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

Policy E4 seeks to achieve good design in new development.

Policies E7 and E8 set out a variety of criteria that provide for generally high standards of design and layout within new developments.

Policy E30 seeks to prevent development which would increase the risk of flooding and remove the extra discharge capacity from the floodplain of the Black Brook, and Gilwiskaw Brook or the River Mease, Soar or River Trent.

Policy L21 sets out the requirements in relation to the provision of children's play areas and associated equipment in respect of new residential development.

Policy T3 states that development will be permitted only where adequate provision is made for vehicular access, circulation and servicing arrangements.

52 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Policy T8 sets out the criteria for the provision of parking associated with the development.

Ashby de la Zouch Conservation Area Appraisal and Study

In April 2001, the District Council adopted the Ashby de la Zouch Conservation Area Appraisal and Study document as supplementary planning guidance to the policies of the Local Plan. The adopted Appraisal and Study identifies the property at Nos. 5 Kilwardby Street as making a positive contribution towards the streetscape of the conservation area, although no such ‘designation’ was afforded to the former depot buildings to the rear of the premises.

In 2000, the District Council adopted the Bath Street/Kilwardby Street Redevelopment Site Development Brief (2000) as supplementary planning guidance to the policies of the Local Plan. The Brief was adopted with the aim of providing guidance for those preparing development proposals for the Site and subsequent to its adoption Alpha Cottages and the former Hare and Hounds Public House (now ‘The Crowded House’) have been restored and brought back into use and Castlegate House has been constructed on the former Eric Bailey Motors car showroom site.

The Development Brief in relation to ‘Development Principles’ seeks to encourage the necessary highway improvements to facilitate the development of site, the provision of the necessary levels of off-street car parking and the removal of existing non-conforming uses and buildings of poor visual quality. In doing so providing the opportunity to improve the character and appearance of the conservation and to contribute to sustaining the vitality of the shopping centre.

In relation to ‘Quality of Design’ the Brief (at paragraph 4.9) indicates inter alia that :-

Any new development should be of a high standard of individual design and should respect the qualities of the surrounding townscape in terms of its scale, proportion, massing and appearance. The District Council consider that any development proposal should exhibit the following design principles:- • Development along the Bath Street and Kilwardby Street frontages should aim to maximise the available footprint and be set as close as possible to the back edge of the highway (subject to the need to provide the necessary vehicular/pedestrian visibility splays to any access point and subject to the need to ensure that important framed views are maintained) • Development should respect the predominantly three storey scale of existing buildings along the Bath Street and Kilwardby Street frontages • The design of shop fronts should reflect the proportions of those to existing buildings along the street frontages. Long continuous fascias should be avoided and shop fronts should be designed to accommodate advertisement signs within fascias. • The fenestration over shop fronts should respect the detailing to existing buildings in terms of proportion, window type and the materials used. Window units should be of double hung vertical sliding sashes constructed of timber with a paint finish. Windows should be recessed within their openings. The use of `mock` sash window units and/or modern materials such as pvcU would not be acceptable in this conservation area location. • New buildings on land to the rear of road frontages should respect the scale of existing surrounding buildings and should not undermine the setting of the listed buildings on the Site (Hendon House and Alpha Cottages) and those adjoining the site (The Catholic Church of Our Lady of Lourdes). • Along the Bath Street and Kilwardby Street frontages of the Site it is considered that new buildings should be of dark red brickwork and incorporate roofs of dark clay plain tiles or Welsh slate (or its equivalent). In other areas of the Site new buildings may also incorporate other

53 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B materials evident to existing buildings within the Conservation Area. It is pointed out that given that the Re-development Site as defined in Policy R8(d) of the Local Plan did not include No. 5 Kilwardby Street, the Brief similarly does not provide specific guidance in relation to the development (or otherwise) of that property.

Central Government Guidance

Planning Policy Guidance Note 15 (PPG15) - Planning and Historic Environment indicates that local planning authorities should have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest. PPG15 also indicates that local planning authorities should ensure that any development preserves or enhances the character and appearance of a conservation area and its setting.

6. Assessment The main issues in the determination of this application are the development plan policy issues, the effect on residential amenities, the impact on the setting of nearby listed buildings and on the character and appearance of the Ashby de la Zouch Conservation Area, the highway safety implications and the impact on services and facilities. In considering these issues due regard has been given to the substantive submissions made on behalf of the applicants and the representations of local residents in the relation both to the original and revised proposals.

Development Plan Policy Issues

Concerns have been raised by local residents that the development would be inappropriate in terms of its location and relation to its potential impact on existing small retail units. Further it is contended that there are already sufficient supermarkets serving Ashby de la Zouch. The application site is, however, situated within the town centre shopping area and as such the proposed ground floor retail use is acceptable in principle under Policies R1, R4 and R8(d) of the Local Plan in locational terms and the functioning of the shopping area. Furthermore, the use of upper floors for residential use would be compliant with the aims of Policy R16 of the Local Plan. Also having regard to Policy R8(d) which provides for the re-development of the Bath Street/Kilwardby Street Redevelopment Site , the proposals will not be prejudicial to the overall objectives of the policy, although the specific criteria of Policy R8(d) relating to design matters are considered below.

In relation to the criteria set out in Policy H4/1 of the adopted Local Plan, as previously developed land and buildings within the town centre of Ashby de la Zouch the residential element of the scheme ‘scores highly’ within the sustainability aims of the policy.

The development therefore accords with the principles of Development Plan policies.

The Impact on Listed Buildings and of the Conservation Area

In terms of the design and scale of the proposed development, the scheme has been the subject of substantive negotiations prior to the application being brought before the Planning Committee. As it is now proposed, it is considered that the proposed development would be sympathetic to its historic environs in relation to the scale, appearance and the materials proposed to be used. In particular, it would respect the architectural rhythm of the existing buildings in the locality. As such the scheme would achieve the aims set out in the Bath Street/Kilwardby Street Redevelopment Site Development Brief (2000) as well as being compliant with Policies R8(d) E3, E4, E7 and E8 of the Local Plan.

54 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

The proposed development would nevertheless, also necessitate the demolition of all existing buildings at the site including the former offices at Nos. 5 Kilwardby Street which are identified in the adopted Ashby de la Zouch Conservation Area Appraisal and Study (2001), as a building making a positive contribution towards the streetscape of the conservation area. A number of residents raise concerns in relation to the loss of this building.

With regard to the applicant’s submissions, it is essentially contended that the existing building is of limited interest and that in any event the proposed development which would replace the existing structure would enhance its historic environs. Further, the town’s Civic Society indicates support in principle for the demolition of the buildings on the site and their replacement with retail and housing provision. The County Archaeologist has no comments to make on the demolition of the existing buildings.

The principal architectural element of the property at No. 5 Kilwardby Street comprises the single storey brick built early twentieth century offices of the former Ashby Urban District Council. This structure, whilst of lesser overall scale within the townscape in comparison to the predominately two and three storey buildings in its locality, is nevertheless considered in itself to make a positive contribution to the overall streetscape. However, it is recognised that its visual contribution to the historic environs has to some extent been diminished as a consequence of the addition in the post war period of extensions of lesser architectural merit. Further, the scheme will result in a number of other buildings at the site of poor architectural merit being demolished which would represent an enhancement of the streetscape. On balance, therefore, given the quality in townscape terms of the scheme that is now being proposed in relation to the re-development of the site, it is considered that the overall benefits of the scheme would outweigh the loss the existing building at No. 5 Kilwardby Street.

The Effect on Existing Residential Amenities

With regard to the relationship with existing dwellings, the proposed building is situated some 11 metres from the eastern side elevation of Hendon House (No. 3 Kilwardby Street) and 11.8 metres from the front elevations of the recently constructed properties on Churchside Walk (Nos. 1-6). In relation to the scheme as originally submitted officers shared the views of local residents that the development would have had an overbearing, overshadowing and overlooking impact on the existing adjoining properties. In this later respect the distances between facing windows to habitable rooms was in particular below the Council’s normal Development Control guidelines. Insofar as the revised scheme is concerned, however, the reduction in the overall scale of the building(s) to provide a predominantly two storey structure means that the development would have an acceptable physical relationship with surrounding existing residential properties. The overall reduction is the scale of the development is also considered to be likely to have successfully addressed the concerns raised by local residents in relation to television reception. Further, it is considered that the re-siting of window units and the use of a combination of obscure glazing, fixed lights and inward opening hoppers to window units to the eastern and western elevations means any overlooking has been successfully mitigated to such an extent that it is not considered that a reason for refusal would be justified on this ground. Conditions of any planning permission would ensure the mitigation measures are retained in the future following the occupation of the flat units.

With regard to any activity associated with the proposed development, it is not considered this would necessarily be significantly over and above the level of disturbance that may have occurred in relation to the extant use of the site as offices and as a highway maintenance depot. It is nevertheless considered it would be reasonable to control the hours for deliveries to the site

55 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B by a condition of any grant of planning permission to address residential amenity issues. In this respect it is considered that it would be reasonable to restrict the hours to between 6.30am and 9.00pm - as suggested by the applicant - Monday to Saturday and to between 7.30am and 8pm on Sundays and Bank Holidays. It is also recommended that a condition be attached to any grant of planning permission in relation to ensuring any plant or machinery to be installed into the retail premises would neither be to the detriment of existing nearby properties or the future occupants of the flats above the proposed retail unit.

Highway Safety Issues

Concerns have been raised by local residents in relation to the development creating potential problems in relation to vehicular and pedestrian safety and increasing car parking problems for residents in the locality on the basis of inadequate car parking provision for the retail and residential developments proposed. The County Highway Authority, however, raises no objections in principle to the scheme. Furthermore, being in this town centre location, the scheme will also benefit from being served by existing town centre car parking facilities and existing bus links to and within Ashby de la Zouch. The scheme therefore complies with Policies T3 and T8 of the adopted Local Plan.

With regard to use of the proposed car park areas, it is considered reasonable for the tenants of the retail unit to require car park users to make retail purchases in the store. The use of the rising telescopic bollards will mitigate against potential security concerns when the car parking area is not in use for parking/servicing whereas the fact that the residents parking area can only be accessed via a controlled gated access will ensure that these parking facilities are utilised by customers visiting the retail unit.

The access routes of delivery vehicles to the retail store as originally proposed incorporated the use of Hill Street and Kilwardby Street (to the west of the site). This suggested route was the cause of concern for local residents, officers and the County Highway Authority. Consequently, the scheme has been amended to no longer incorporate this route. Rather, the delivery access routes now proposed to/from the site linking to the A511 Ashby By-pass/A42 are along Bath Street/Station Road, along Market Street/Wood Street/Nottingham Road or along Derby Road and thereafter either along Burton Road or Smisby Road. Furthermore, a unilateral undertaking has been drafted by the applicants the effect of which will essentially be to oblige the occupier of the retail unit to use the service routes in the revised traffic assessment.

The County Highway Authority have also questioned as to whether the District Council are able to impose a planning condition whereby all delivery vehicles over 7.5 tonnes associated with the site, are limited to entering and leaving the site via the eastern end of Kilwardby Street. This requirement is, however, unnecessary given the fact that all deliveries to the retail unit will all be from the eastern end of Kilwardby Street from the specified access routes from the A42 and A511 Ashby by-pass.

Impact on Services and Facilities

FLOAT (Packington Flood Action Team) raise objections on the basis that the development, along with a number of other current proposals will add to volume and speed of water collection in the Ashby catchment area of the Gilwiskaw Brook which would consequently significantly increases the chances of flooding downstream in Packington. However, given that the Environment Agency have not raised any objections on such grounds it is not considered that the District Council would have any justification to refuse this application in respect of any potential flooding implications.

56 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Other Matters

With regard to education provision in the town, no contribution is required given that the number of flats with two bedrooms falls below the threshold of 10 dwelling units. Similarly, the threshold is not reached in relation to formal play area provision having regard to Policy L21 of the Local Plan and the associated supplementary planning guidance.

However, the applicant has been made aware that the Leicestershire County and Rutland Primary Care Trust are likely to seek a commuted sum towards health care provision, the District Council’s Leisure Services are likely to seek a financial contribution towards leisure facilities in Ashby de la Zouch and the County Council are likely to seek commuted sums in relation to library facilities and civic amenity site facilities. This approach is consistent with other applications that have recently been granted permission in Ashby de la Zouch.

Consultation responses are still awaited from the various bodies in respect of the figures for the relevant commuted sums and the requested sums would be an integral part of a Section 106 Unilateral Undertaking. It is expected that these consultation responses will be reported to Members at Planning Committee on the Update Sheet.

The letter received from the Churchside Walk and Kirkland Close Residents Groups in relation to the original submission requested a site meeting with representatives of the District Council to discuss their major concerns. However, it is considered that all the concerns raised by the Residents Groups have been taken into account in this report. Concerns were also raised by local residents in relation to loss of view and the potential loss of value to surrounding properties, however, these issues are not relevant considerations in the determination of this application. It is also imperative that each application is judged on its own individual merits and having regard to the planning considerations outlined above, it is recommended that, subject to the completion of the Section 106 Unilateral Undertaking to secure the agreed traffic routing scheme, and the relevant commuted sum contributions indicated above, this application be granted planning full planning permission permission.

RECOMMENDATION- PERMIT, subject to the following conditions;

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

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

2 The proposed development shall be carried out strictly in accordance with the details shown on Drawing Nos. MDK.KS2/01 Rev E, MDK.KS2/02 Rev E, MDK.KS2/03 Rev E, MDK.KS2/04 Rev C, MDK.KS2/06 Rev C, MDK.KS2/07 Rev E, MDK.KS2/08 Rev C and MDK.KS2/10 Rev E unless otherwise required by another condition of this permission.

Reason- To determine the scope of this permission; because the original submissions were considered unacceptable; to ensure that the works are commensurate to a development in this conservation area location.

3 No development shall commence on the site until details of existing and finished ground levels and the proposed floor levels of the building(s) (In relation to an existing datum

57 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

point) have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason- To ensure the proposed development has a satisfactory relationship with the existing surrounding properties and to preserve the character and appearance of the conservation area.

4 No development shall commence on the site until representative samples of the materials to be used in all proposed external surfaces of the proposed building(s) (including all external finishes) have been submitted to and agreed in writing by the Local Planning Authority. The works shall be undertaken in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

5 No development shall commence on the site until precise details of the proposed bonding to the brickwork and the external render treatments have been submitted to and agreed in writing by the Local Planning Authority. The works shall be undertaken in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no precise details have been submitted; to ensure that the works are appropriate to a development in this conservation area location.

6 No development shall commence on the site until details of the proposed mortar mix and pointing method to be used in the construction of the brickwork elements of the building(s) have first been agreed in writing with the Local Planning Authority. Sample panels (of at least one square metre in area) of the agreed pointing method, mortar mix and brickwork bonding(s) shall also be provided on site and approved in writing by the Local Planning Authority before the commencement of the development. The pointing works shall be carried out in accordance with the approved scheme and the sample panel(s) shall be retained until the work is completed and has been approved by the local planning authority.

Reason- To ensure that the works are commensurate with conservation location of the development.

7 No development shall commence on the site until detailed drawings (including cross- sections) of the proposed external door units to a scale of 1:1/1:2/1:5/1:10 have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

8 Notwithstanding the details shown on the submitted plans no development shall commence on the site until detailed drawings (including cross-sections) of the proposed window units, rooflights and lantern lights to a scale of 1:1/1:2/1:5/1:10 have been submitted to and agreed in writing by the Local Planning Authority. The development

58 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

shall be carried out in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

9 The obscure glazing proposed to the window units to the Flank (East) Elevation and Flank (West) Elevation of the proposed building(s) shall be installed in accordance with the details shown on Drawing Nos. MDK.KS2/05 Rev E and MDK.KS2/06 Rev C prior to each residential unit being first occupied. The obscured glazing to the window units shall thereafter be retained at all times unless otherwise agreed in writing by the Local Planning Authority.

Reason- To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties.

10 The window units shown to incorporate fixed lights on the Flank (East) Elevation and Flank (West) Elevation of the proposed building(s) shall be installed in accordance with the details shown on Drawing Nos. MDK.KS2/05 Rev E and MDK.KS2/06 Rev C prior to each residential unit being first occupied. The fixed light(s) to the window units concerned shall thereafter be retained at all times.

Reason- To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties.

11 Unless otherwise required by another condition of this permission the window units shall be installed with the methods of opening shown on Drawing Nos. MDK.KS2/05 Rev E and MDK.KS2/06 Rev C. The methods of opening to the window units shall thereafter be retained at all times.

Reason- To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties.

12 Notwithstanding the details shown on Drawing Nos. MDK.KS2/05 Rev E and MDK.KS2/06 Rev C the lower obscure glazed light(s) to the vertical sliding sash window units to the Flank (East) Elevation and Flank (West) Elevation of the proposed building(s) shall be installed as a fixed light prior to each residential unit being first occupied. The fixed light(s) to the window units shall thereafter be retained at all times unless planning permission has been first granted by the Local Planning Authority.

Reason- To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties.

13 No development shall commence on the site until cross-section drawings of the recessed brickwork elements to the rear (south) and western and eastern (flank) elevations of the building(s) to a scale of 1:5/1:10 have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

59 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

14 No development shall commence on the site until detailed drawings to a metric scale showing the location and form of all proposed external services (including rainwater goods, metre boxes, vents etc.) and their external finishes have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

15 No development shall commence on the site until detailed drawings showing precise details of the proposed treatments to the heads and cills of all door and window openings to a scale of 1:1/1:2/1:5/1:10 have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

16 Notwithstanding the details shown on the submitted drawings no development shall commence on the site until detailed drawings (including cross-sections) of the proposed shopfronts to a scale of 1:1/1:2/1:5/1:10 have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

Reason- to enable the Local Planning Authority to retain control over the external appearance as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

17 No development shall commence on the site until a detailed scheme for the surface treatment of all the unbuilt on portions of the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

Reason- to preserve the amenities of the locality; to ensure that the works are commensurate to a development in this conservation area location.

18 No development shall commence on the site until a detailed scheme for the boundary treatment of the site (including external finishes and the details of existing boundary treatments to be retained) have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

Reason- to preserve the amenities of the locality; to ensure that the works are appropriate to a development in this conservation area location.

19 No development shall commence on the site until detailed drawings to a metric scale of the proposed telescopic rising bollards, the electricity sub-station and the gated entry barrier to the residential parking area have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out in accordance with the

60 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

approved details.

Reason- to enable the Local Planning Authority to retain control over the appearance of the works as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location.

20 There shall be no deliveries to the retail premises between the hours of 21.00 hrs and 06.30 hrs Mondays to Saturdays and between the hours of 20.00 hrs and 07.30 hrs on Sundays and Bank Holidays.

Reason- In the interests of the residential amenities of surrounding residents.

21 No development shall commence on the site until the details of all plant and machinery (including any noise and vibration mitigation measures) to be installed into the retail premises have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and any noise and vibration mitigation measures shall thereafter be retained at all times.

Reason- In the interests of the residential amenities of existing surrounding residents and the amenities of the future residents of the flats at first and second floor level of the development.

22 No development shall take place within the application site area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to, and approved in writing by, the Local Planning Authority. The programme of archaeological work shall be implemented in accordance with the approved details.

Reason- To ensure satisfactory archaeological investigation and recording.

23 No development approved by this planning permission shall be commenced on the site until: a) A desk top study has been carried out which shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. Using this information a diagrammatical representation (Conceptual Model) of the site for all potential contaminant sources, pathways and receptors shall be produced and submitted to the Local Planning Authority for approval; and b) A site investigation has been designed for the site using the information obtained from the desk study and any diagrammatical representations (Conceptual Model). This should be submitted to, and approved in writing by the Local Planning Authority prior to that investigation being carried out on the site. The investigation must enable a risk assessment to be undertaken relating to ground and surface waters both on and off the site which may be affected, and refinement of the Conceptual Model, and the development of a Method Statement detailing the remediation requirements; and c) The site investigation has been undertaken in accordance with details approved by the Local Planning Authority and a risk assessment has been completed; and d) A Method Statement detailing remediation requirements, including measures to minimise the impact on ground and surface waters, using the information obtained from the Site Investigation has been submitted to the Local Planning Authority. This should be approved in writing by the Local Planning Authority prior to that remediation being

61 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

carried out on the site. Prior to the commencement of main site works the approved remediation works shall be completed in accordance with the approved method statement to the satisfaction of the Local Planning Authority. Appropriate validation of the remedial scheme shall be submitted to the Local Planning Authority for written approval.

Reason- To ensure the site is suitable for its intended use, to protect the quality of the water environment.

24 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped gullies in accordance with a scheme which shall have first have been submitted to and approved in writing by the Local Planning Authority before development is commenced on the site. The scheme shall be implemented in accordance with the approved details before the development is first brought into use and thereafter maintained at all times.

Reason- To prevent pollution of the water environment.

25 No development shall commence on the site until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

Reason- To ensure that the development is provided with satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

26 If any vehicular access gates, barriers, bollards, chains or other such obstructions are to be erected they shall be set back a minimum distance of 15 metres behind the Highway boundary (back of footway) and shall be hung so as to open inwards only.

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

27 No part of the development shall be occupied until details of a Green Commuter Plan containing travel to work, car use and car parking management strategy for the site as a whole has been submitted to and agreed in writing by the Local Planning Authority. The plan shall comprise proposals to reduce car dependence and vehicle emissions and to establish and encourage the use of alternative transport modes for journeys to and from work and during working hours. Details of the proposals shall include measures to secure increases in car sharing, public transport use, cycling and walking, proposals for car parking restrictions and controls and details of on-site facilities to promote alternative modes of travel to the site. The plan shall make provision for relevant surveys, review and monitoring mechanisms, targets, timescales, phasing programmes and on-site management responsibilities. It shall be implemented and subject to regular review in accordance with the above approved details.

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

62 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

28 The car parking and manoeuvring areas as shown on the submitted plan shall be provided (including for hardsurfacing and marking out) before the development is brought into use and shall thereafter permanently remain available for such use.

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

29 The approved gated entry barrier system to the residential parking area shall be brought into operation prior to any residential unit in the development being first occupied and shall thereafter be retained in use at all times.

Reason- To ensure that adequate car parking facilities are avaible for the residents of the flat units at all times.

30 The telescopic rising bollards to the customer parking/servicing area to the retail units shall be installed and brought into operation prior the retail unit being first brought into use. The bollards shall be set in a raised position at all times when the customer parking/servicing area is not in use.

Reason- In the interests of security.

31 Before first use of the development hereby permitted the access drive shall be surfaced with tarmacadam, concrete or similar hard bound material (not loose aggregate) for a distance of at least 10 metres behind the Highway boundary (back of footway) and shall be so maintained at all times.

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

32 Before first use of the development hereby permitted, visibility splays of 2.4 metres by 90 metres shall be provided at the junction of the access drive with Kilwardby Street in a westerly direction. This shall be in accordance with the standards contained in the current County Council design guide and shall be so maintained in perpetuity. Nothing shall be allowed to grow above a height of 0.9 metres above the adjacent carriageway level within the visibility splay.

Reason- To afford adequate visibility at the access/junction to cater for the expected volume of traffic joining the existing highway network and in the interests of general highway safety.

33 Notwithstanding the details shown on the submitted drawing no development shall commence on the site until detailed drawings to a metric scale of the proposed cycle parking facilities have been submitted to and agreed in writing by the Local Planning Authority. The approved cycle parking facilities shall provided prior to the development being first brought into use and once provided shall be maintained and kept available for use in perpetuity.

Reason- to retain control over the appearance of the works as no precise details have been submitted; to ensure that the works are commensurate to a development in this conservation area location; in the interests of the sustainability of the development and to encourage alternative transport choice.

63 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

34 Unless otherwise required by another condition of this permission the road junction works and road management arrangements proposed to the access road serving the development at its junction with Kilwardby Street shall be undertaken in accordance with the details shown on Drawing No. MDP.KS2/10 (dated April 2008) and completed prior to any part of the development being first brought into use or occupied.

Reason- in the interests of highway safety.

Notes to applicant

1 This decision has been made in accordance with Policy(s) R1, R4, R16, E3, E4, E7, E8, E30, T3, T8 and H4/1 of the North West Leicestershire Local Plan, Supplementary Planning Guidance, Central Government guidance set out in PPG15: Planning and the Historic Environment and all other material considerations. The Council has taken into account all representations but considers the degree of harm that would arise would be insufficient to warrant a refusal of planning permission. 2 This planning permission is subject to a Section 106 Unilateral Undertaking providing for commuted sum payments towards health care provision, local leisure facilities, library facilities and civic amenity site facilities, along with the relevant monitoring fee(s). 3 The proposed development lies within a coal mining area. In the circumstances, Applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Coal Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk. 4 All works within the limits of the Highway with regard to the access shall be carried out to the satisfaction of the Northern Area Manager (telephone 0116 3050001) 5 The Environment Agency advises that as part of the Agency's objective to further the sustainable use of our water resources it is promoting the adoption of water conservation measures in new developments. Such measures can make a major contribution to conserving existing water supplies. The Agency recommends the installation of fittings that will minimise water usage such as low, or dual, flush WC's, spray taps and economical shower-heads in the bathroom. Power showers are not recommended as they can consume more water than an average bath. Water efficient versions of appliances such as washing machines and dishwashers are also recommended. For outdoors consider installing a water butt, or even a rainwater harvesting system, to provide a natural supply of water for gardens. Simple treatment systems exist that allow rainwater to be used to supply WC's within the home. Following the above recommendations will significantly reduce water consumption and associated costs when compared to traditional installations. Rainwater harvesting utilises a free supply of fresh water and reduces the cost to the environment and the householder. 6 The County Highway Authority advise that drainage shall be provided within the site such that surface water does not drain into the Public Highway and thereafter shall be so maintained. 7 You are also reminded to comply with the conditions of conservation area consent reference: 07/01508. 8 You are also advised that a separate application for advertisement consent may also be required for the display of advertisement signage.

64 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Demolition of former County Council Offices and associated Report Item No depot building (Conservation Area Consent) B2

5 Kilwardby Street Ashby De La Zouch Leicestershire LE65 Application Reference 2FR 07/01508/CON

Applicant: Date Registered Silvia Limited 26 September 2007

Recommendation: Target Decision Date PERMIT

Site Location

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office ©copyright . U na uthorised rep roduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

65 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

1. Proposals and Background The application site is located on the southern side of Kilwardby Street, Ashby de la Zouch and comprises the former offices of the County Council’s Western Divisional Surveyors (No. 5 Kilwardby Street) with its former depot buildings and yard area, along with existing garden lands to Alpha Cottages and Hendon House (No. 3 Kilwardby Street). The existing vehicular access into the site is located adjacent to Hendon House (No. 3 Kilwardby Street); a three storey Grade II listed building. To the west, and separated from the application site by a public footpath, are recently constructed two storey dwellings on Churchside Walk. Located opposite the site is the vehicular exit (only) from the customer car park to the Somerfield Supermarket, either side of which are three storey Grade II listed buildings (The Fallen Knight Hotel/Restaurant and Nos. 10/12 Kilwardby Street). To the south of the site is the Roman Catholic Church of Our Lady of Lourdes, also Grade II listed.

The application site is located within the town centre shopping area and - with the exception of No. 5 Kilwardby Street itself - also within the Bath Street/Kilwardby Street Redevelopment Site as defined in the adopted North West Leicestershire Local Plan (Policy R8(d)). The site is also located within the Ashby de la Zouch Conservation Area and the adopted Conservation Area Appraisal and Study (2001) identifies the property at Nos. 5 Kilwardby Street as a building making a positive contribution towards the streetscape of the conservation area.

An application for conservation area consent (reference: 07/01508) has been submitted in relation to the proposed demolition of all existing buildings at the site.

An associated application for full planning permission (reference: 07/01490) has been submitted concurrently to erect a two/three storey building comprising a ground floor retail (Class A1) use of some 810 square metres in floorspace with ten No. one and two bedroom flats above on the site following the demolition of the existing buildings. The application for planning permission is the subject of a separate earlier report on this agenda.

2. Publicity 62 neighbours notified. Site Notice posted Press Notice published 10 October 2007

3. Consultations Ashby De La Zouch Town Council consulted 2 October 2007 County Archaeologist consulted 2 October 2007 Listed Building/Conservation Advice consulted 2 October 2007

4. Summary of Representations Received Ashby de la Zouch Town Council made no specific comments in relation to the demolition of the existing buildings.

Ashby Civic Society state that it supports the demolition of this building and the principle of its replacement with a new structure incorporating a large retail space and dwellings designed for the conservation area.

County Archaeologist has no comments to make on the demolition of the existing buildings at the site.

66 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

English Heritage has no comments and recommended that the application be determined in accordance with national and local planning guidance and on the basis of the Council’s specialist conservation advice.

As reported in the relation to the application for planning permission on this agenda a total of 14 letters of representation were received from local residents in respect of the redevelopment of the site. Within the two individual letters of representation received from local residents and the letter received from the Churchside Walk and Kirkland Close Residents Groups concerns were raised that the century old building of the former Ashby Urban District Council, which has played such a part in the town’s recent history, is being demolished.

5. Relevant Planning Policy

Central Government Guidance

Planning Policy Guidance Note 15 (PPG15) - Planning and Historic Environment indicates that local planning authorities should seek to ensure the preservation or enhancement of the character and appearance of a conservation area and its setting.

6. Assessment The main issue in the determination of this application is the impact on the character and appearance of the Ashby de la Zouch Conservation Area.

As outlined in the agenda report in relation to the application for planning permission for the proposed re-development of the site (ref: 07/01490), the scheme will necessitate the demolition of all existing buildings at the site. These existing buildings include the former offices at Nos. 5 Kilwardby Street, which are identified in the adopted Ashby de la Zouch Conservation Area Appraisal and Study (2001) as a building making a positive contribution towards the streetscape of the conservation area. A number of residents raise concerns in relation to the loss of this building.

With regard to the applicant’s submissions, it is essentially contended that the existing building is of limited interest and that in any event the proposed development which would replace the existing structure would enhance its historic environs. Further, the town’s Civic Society indicates support in principle for the demolition of the buildings on the site and their replacement with retail and housing provision. The County Archaeologist has no comments to make on the demolition of the existing buildings.

The principal architectural element of the property at No. 5 Kilwardby Street comprises the single storey brick built early twentieth century offices of the former Ashby Urban District Council. This structure, whilst of lesser overall scale within the townscape in comparison to the predominately two and three storey buildings in its locality, is nevertheless considered in itself to make a positive contribution to the overall streetscape. However, it is recognised that its visual contribution to the historic environs has to some extent been diminished as a consequence of the addition in the post war period of extensions of lesser architectural merit. Further, the scheme will result in a number of other buildings at the site of poor architectural merit being demolished which would represent an enhancement of the streetscape. On balance, therefore, given the quality in townscape terms of the scheme that is now being proposed in relation to the re-development of the site, it is considered that the overall benefits of the scheme would outweigh the loss the existing building at No. 5 Kilwardby Street.

67 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Accordingly, it is considered that provided the approved re-development scheme proceeds the demolition of all existing buildings would be appropriate. However, in order to ensure that there is no premature demolition works which may result in an vacant plot within the conservation area for an undetermined period, it is suggested that a condition be attached to any consent requiring that demolition works should not proceed until such time as the necessary contracts are in place to progress the re-development scheme.

RECOMMENDATION- PERMIT, subject to the following conditions;

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

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

2 The works of demolition hereby approved shall not be commenced before the contract(s) for the carrying out of the works for the redevelopment of the site, including the works contract, have been made and evidence of such contract(s) has been submitted to and accepted in writing by the Local Planning Authority and planning permission has been granted for the redevelopment for which the contract(s) provide.

Reason- To avoid premature demolition which would be harmful to the visual amenities of the area.

Notes to applicant

1 Whilst the existing building at No. 5 Kilwardby Street is identified in the adopted Ashby de la Zouch Conservation Area Appraisal and Study document (2001) as a building making a positive contribution to the streetscape of the Conservation Area, conservation area consent has been granted because it is considered that the proposed re- development of the site approved under planning permission reference: 07/01508, which also provides for the demolition of number of buildings which have a detrimental impact on the historic environs, would maintain or enhance the character, appearance or setting of the Ashby de la Zouch Conservation Area. 2 You are reminded to also comply with the conditions of planning permission reference: 07/01490 (or any subsequent relevant grant of planning permission) in respect of the re- development of the site.

68 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Erection of eleven no. dwellings including demolition of Report Item No outbuildings and workshop (Outline - layout and access B3 included)

103 And 107 Central Road Hugglescote Coalville Application Reference Leicestershire 08/00227/OUTM

Applicant: Date Registered J H And R D'Arcy 19 February 2008

Recommendation: Target Decision Date PERMIT 20 May 2008

Site Location

Reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office ©copyright . U na uthorised rep roduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence LA 100019329)

69 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

1. Proposals and Background This application is reported to the meeting of the Planning Committee at the request of Councillor Paula Purver.

Outline planning permission is sought for the erection of eleven dwellings on 0.29 of hectare of land between Central Road and Garfield Road in Hugglescote. The site is used principally for classical motor cycle restoration and sales but part of the site is in use as garden to the applicant's property. The proposal would require the demolition of two domestic garages owned by the applicant and a number of buildings used for storage and workshop purposes in connection with the business use at the site.

Details of layout and access are included at this stage, with all other matters reserved. Access to the site would be via the existing driveway between No.s 103 and 107 Central Road, although improvements to this access are proposed and would require alterations to No.103 and 107 Central Road including the demolition of single buildings to the rear of No.103.

The application submission is accompanied by Bat Surveys and a Highway Statement. The Applicant's Agent provides the following additional supporting information in a covering letter submitted with the application: - the previous application (07/01011/OUT) had been designed with a shared surface access road following discussions with the Highways Authority but this was refused following Member concern that the absence of a footway to separate pedestrian and vehicular traffic would harm highway safety; - to address the concerns of the District Council, the current proposal now provides a separate 1.2m wide pedestrian footway alongside the access drive which has been designed in consultation with the Highways Authority; - the safety of the proposed access would be further improved by the introduction of a speed cushion at the entrance to the site and tactile paving at the pedestrian crossing over the access; - the applicant intends to submit a S106 Agreement to reflect the triggers for developer contributions as a result of the development.

The Highway Statement undertaken in January 2008 by Edwards and Edwards Consultancy Ltd provides the following conclusions: - the proposal is in general accordance with Planning Policy Guidance Note 13 (Transport) and the objectives set out in Planning Policy Statement 3: Housing and would allow future occupiers to make sustainable transport choices; - the proposed residential development would result in a reduction on the overall traffic movements generated by the existing business and the traffic generated would not create an adverse effect on the road network; - the visibility at the junction of the proposed access with Central Road would be in accordance with Leicestershire County Council's current standards; - the overall parking provision is in accordance with the Leicestershire County Council's current parking standards and no vehicles will need to be parked on the adjacent road network; - the existing access serving the site would be substantially widened to allow vehicles to enter and leave the site at the same time without vehicles having to stand on the major road waiting to turn into the site; - the existing access will be improved in width with a 1.2 metre wide footpath alongside the access.

Members may recall that planning permission was refused for a similar outline scheme for eleven dwellings on the site at the 10 October 2007 meeting of the Planning Committee (application reference 07/01011/OUT). The application was refused permission for the following

70 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B reason:

1. The proposed access road makes no provision for a footway to separate pedestrians from vehicular traffic and it is considered that this would represent a danger to pedestrians, particularly children and elderly persons, contrary to Policy T3 of the North West Leicestershire Local Plan.

Other Planning History: 07/00308/OUT - Erection of eleven no. dwellings including demolition of outbuildings and workshop (Outline - layout and access included) (refused following member concerns about residential amenities and highway safety) 06/01830/OUT - erection of twelve dwellings (outline - layout, scale and access included) (withdrawn following officer concerns about highway safety, residential amenities, visual amenities and play area provision) 96/0501 - erection of single storey storage building (permitted) 96/0297 - erection of single storey storage building (permitted) 92/0938 - erection of replacement commercial garage and store (permitted) 89/0401 - change of use of scout hut to storage (permitted) 87/0944 - change of use from bakery to restoration and sale of side cars (permitted) 82/0380 - erection of bungalow (refused) 80/1072 - storage extension (ancillary to bakery shop) (permitted) 79/0601 - new scout premises (permitted)

2. Publicity 41 neighbours notified. Site Notice posted 21 February 2008 Press Notice published 27 February 2008

3. Consultations Natural England consulted 19 February 2008 Environment Agency consulted 19 February 2008 County Planning Authority consulted 19 February 2008 Severn Trent Water Limited consulted 19 February 2008 County Highway Authority consulted 19 February 2008 Head Of Leisure And Culture consulted 19 February 2008 Head of Environmental Protection consulted 19 February 2008 NHS Leicester, Leicestershire And Rutland Facilities Consor consulted 19 February 2008 Mr Stewart Bradshaw Architectural Liaison Officer consulted 19 February 2008

4. Summary of Representations Received 13 letters of neighbour representation have been received, raising objection on the following grounds:

Principle: - objection in principle and the application should be refused again; - no objection in principle but have concerns about elements of the scheme

Highway Safety: - concern about the hazards to road users associated with additional traffic using an access within close proximity of the existing busy junction of Fairfield Road where traffic calming

71 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B measures have already been implemented and additional traffic; - vehicles travel pass the site in excess of the speed limit; - another junction onto the busy Central Road will be dangerous for pedestrians, particularly school children as this is on the school route; - the access is tight and the driveway looks inadequate for two vehicles to pass and service/emergency vehicles to gain access and could result in vehicles reversing onto the highway and refuse bins being left on Central Road for collection which would obstruct the highway; - the access drive has no pavement so vehicles and pedestrians will share the same space; - there is already inadequate parking in the area and additional dwellings will make this worse as 1.5 spaces per dwelling is not sufficient as most households have two cars; - on-street parking will impair visibility at the access to the site; - an application to use land between 102 and 106 Central Road as a car park was refused because of its dangerous exit onto Central Road; - a car park opposite the site has been approved which will introduce further traffic to an already busy stretch of road; - the front door of No.103 fronts onto the access drive and occupiers will step out of their front door straight onto the access drive and visitors wait/park on the driveway which is a highway safety hazard particularly as it is located so close to Central Road and this is not considered in the submission; - concern that gates on the access drive would result in vehicles backing up onto Central Road.

Residential Amenities: - concern about overlooking of neighbouring properties on Central Road, Garfield Close and Fairfield Road; - close proximity of the dwelling on plot 4 to neighbouring properties would result in overshadowing of neighbouring dwellings and gardens; - loss of light to and overshadowing of properties on Central Road and Fairfield Road, - comings and goings along the access drive and parking areas along with disturbance from lighting; - the access drive would raise security issues as it would open up the rear gardens of properties fronting Central Road; - the close proximity of the dwellings to existing properties would result in constant noise and disturbance to neighbouring residents, compared to noise associated with the existing use of the site which only operates Tuesday to Saturday (business hours) and undertakes minimal vehicular movements; - when considering the reality of the way the site currently operates, the assertion that the number of vehicular movements to the site would be substantially reduced in disputed and it is contended that vehicular movements will increase as a result of the development; - noise and disturbance associated with the construction of the dwellings and the potential for power cuts and electricity supply problems; - concern about groups of children congregating in the parking areas as the site could be easily accessed off Central Road and consequently concerns about anti-social/ intimidating behaviour towards residents.

Other: - concern about dust from asbestos sheets from the roof of the buildings to be demolished on the site; - concern that landscaped/public areas on the site would be neglected; - concern about the capabilities of existing infrastructure to cater for additional development; - over-development of the site and three-storey dwellings would appear out of keeping in this residential area;

72 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

- the proposal would have no benefit to the community and will put pressure on existing community facilities and the environment/habitats; - the proposal will only benefit the applicant; - the proposal does not address previous concerns about the design and scale of the properties; - loss of property value.

Revised comments of Natural England awaited following submission of a follow up protected species survey of the outbuildings at their request.

Environment Agency has no objections subject to conditions.

The comments of the County Planning Authority are as follows: - Head of Commercial and Support Services requested a developer contribution of £630 towards the cost of books and materials; - County Waste Management requested a developer contribution of £357 towards the civic amenity site infrastructure for the nearest site at Coalville; - County Education Authority advised that at the present time there is surplus capacity in the local primary, high and upper schools and therefore no education contribution is requested; - County Heritage Services recommended that green corridors are maintained/established particularly along the boundaries of the application site and consideration be given to protected species that may be affected by the development which involves demolition.

Severn Trent Water Ltd has no objections subject to a condition concerning drainage.

County Highways Authority has no objections subject to conditions.

Head of Leisure and Culture at North West Leicestershire Council requests a developer contribution of £7,700 to improve the sports facilities at Millfield Recreation Ground in Hugglescote.

No response received from the Environmental Services Manager. With respect to application 07/01011/OUT no objections was raised subject to a condition concerning contaminated land.

Leicestershire County And Rutland PCT seek a developer contribution of £9,333 towards health care to contribute to the provision of new or additional facilities.

Police Architectural Liaison Officer raises no objection in principle.

5. Relevant Planning Policy RSS 8: Policy 2 Sequential approach to the selection of land for development.

Policy 3 Criteria which need to be taken into account terms of sustainability.

North West Leicestershire Local Plan: Policy S2 of the Local Plan provides that development will be permitted on allocated sites and other land within the Limits to Development, identified on the Proposals Map, where it complies with the policies of this Local Plan.

Policy H4/1 sets out a sequential approach to the release of land for residential development, and seeks to direct new housing towards previously developed land in accessible locations, well

73 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B served by, amongst others, public transport and services. This policy reflects advice in PPS 3, PPG 13 and RSS 8.

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

Policy H7 seeks good quality design in all new housing development.

Policy E2 seeks to ensure that development provides for satisfactory landscaped amenity open space and secures the retention of important natural features, such as trees. Policy E3 seeks to prevent development which would be significantly detrimental to the amenities enjoyed by the occupiers of nearby dwellings, and presumes against residential development where the amenities of future occupiers would be adversely affected by the effects of existing nearby uses.

Policy E4 seeks to achieve good design in new development that respects the character of its surroundings.

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

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

Policy T8 requires that parking provision in new developments be kept to the necessary minimum, having regard to a number of criteria.

6. Assessment Principle and Sustainability: The site is located within the limits to development on the Proposals Map to the Local Plan, where the principle of residential development is considered acceptable subject to highway, design and amenity criteria and compliance other relevant policies of the Local Plan and other material considerations.

Policy H4/1 of the Local Plan relating to the release of land for housing states that a sequential approach should be adopted, which reflects the provisions of Policies 2 and 3 of the Regional Spatial Strategy for the East Midlands. These are outlined as criteria (a) to (f) and the application site would fall within criterion (b) i.e. previously developed land and buildings elsewhere within Coalville. The second section of the policy goes on to outline a set of criteria relating to the sustainability of the location. It is considered that eleven additional dwellings on previously developed land in a sustainable location within the Coalville settlement with good access to public services and facilities, would not be contrary to the approach set out in Policy H4/1 and the above-mentioned Regional Spatial Strategy policies.

Density of Development: The policies of the Development Plan seek to achieve as high a net density as possible subject to taking into account proximity and accessibility to centres, mix of housing types, good principles of design and layout, green space and landscaping requirements. The application

74 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B site which includes the two existing buildings containing two residential units is 0.29 of a hectare, in total, and the proposal (in addition to the two existing residential units) would therefore equate to a net site density of approximately 49 dwellings per hectare. The development is considered to comply with policy H6 of the Local Plan and national guidance found in PPS3.

Residential Amenities: The site is bordered to the east, west and south by residential properties and to the north by allotments. In terms of the properties to the east of the application site (excluding those either side of the access drive), these properties front Central Road and have long rear gardens, such that the proposed new dwellings would be approximately 35m away from the existing dwellings. Parking for the new dwellings would abut the rear boundaries to the gardens of the properties to the east, and would be approximately 25m from the Central Road dwellings. When having regard to the distances involved, it is considered that the proposed development in the layout proposed would have an acceptable physical relationship with the existing dwellings to the east and there would not be a significant impact in terms of noise and disturbance as a result of the car parking area.

As for the impact on the two residential dwellings either side of the access drive, (No.s 103 and 107 Central Road), as with the other properties fronting Central Road, these dwellings would be sited at sufficient distance away from the proposed dwellings to prevent any direct loss of amenities as a result of the built development on the site. The main impact on the amenities of the occupiers of these dwellings would be comings and goings along the access drive.

No.103 has two windows and a door in the main side elevation of the building facing the access drive that is to be retained and other windows in a single storey rear development, which is to be demolished as part of the development. The widening of the access drive will also encroach into the existing curtilage to that dwelling and bring the driveway up to its side elevation.

No.107 currently has five windows and a door in its side elevation with two windows at ground floor level serving a lounge, and two windows serving a bedroom and another serving a bathroom at first floor level. Alterations to this dwellings are also required as part of the development (indeed the shop that currently operates from the building would cease). Therefore, there may be scope as part of the reserved matters application to relocate some of the windows. Notwithstanding this, when having regard to the close proximity of No.107 and 103 Central Road to the access drive, it is clear that there is likely to be some noise and disturbance as a result of comings and goings along the driveway and the newly proposed footway associated with the proposal. However, this needs to be assessed in the context of vehicular movements associated with the lawful use of the site. The Highways Statement accompanying the applications shows (using TRICS data) that the number of vehicular movements to and from the site generated by the proposal would be substantially less than the existing use. It is also noted that there would also be a reduction in the number of long vehicles (trailers) visiting the site. Neighbour objections have been received disputing the vehicular movements associated with the existing use of the site which they consider to be much lower than suggested. Whilst the business currently occupying the site may generate fewer vehicular movements, the Authority must consider the lawful use of the site and the vehicular movements that could be generated by any business occupying the site. On balance, when having regard to the lawful use of the site and the traffic movements that could be generated, in this context, it is not considered that a reason for refusal on the grounds of the impact of comings and goings on neighbouring amenities could be sustained. This view also applies to other properties neighbouring the site.

75 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

As for those residential properties to the south and west of the site, these would have a closer relationship with the new dwellings proposed. The closest relationship between new and existing development on the site would be between Plot 4 and No.s 26 and 28 Garfield Road. It was the relationship between these existing properties and a previously proposed development that Members found unacceptable and refused application reference 07/00308/OUT. The applicant sought to address the concerns of Members with this revised scheme submitted under application 07/01011/OUT and as with that scheme, the current proposal shows the side elevation of the proposed dwelling on plot 4 at a distance of 14 metres from the rear of the above-mentioned dwellings fronting Garfield Road and 4.5m from the common boundary with these properties. This distance reflects the minimum distance set out in the Council's Development Guidelines and it is the view of Officers that the proposed development would have an acceptable relationship with the existing dwellings to the west and south of the site, such that there would be no significant loss of amenities to the occupiers of those dwellings.

The proposed development is considered to comply with the requirements of policy E3 of the Local Plan which seeks to protect residential amenities and is therefore considered acceptable.

Highway Safety: Access to the site would be via an existing access between No.s 103 and 107 Central Road. The existing access arrangements would be altered and the access drive would be widened to allow vehicles to enter and leave in a forward direction at the same time. This would require the demolition of buildings on the site and the rear corner of the building at No.107 Central Road being chamfered. A speed cushion is proposed at the entrance to the site to slow down the speed of vehicles using the access and tactile paving at the pedestrian crossing over the access is proposed to alert pedestrians to the access. A turning head would also be provided within the site. As set out in the background section of this report, planning permission was refused for similar schemes under application reference 07/00308/OUT and 07/01011/OUT. Members previously found the schemes unacceptable because no provision was made for a footway to separate pedestrians from vehicular traffic which would represent a danger to pedestrians, particularly children and the elderly.

The access arrangements to the site are similar to the details previously considered under the application 07/01011/OUT. Whilst the County Highways Authority raised no objection to the previous scheme, in view of Member concerns a 1.2m wide footway has been introduced along the northern side of the access drive. The land required to enable the provision of a footpath has been taken from 107 Central Road and as such has not affected the width of the access drive which would remain at 5m. The County Highways Authority is again satisfied with the proposal from a highway safety viewpoint and raises no objections to the current proposal subject to the imposition of conditions. Neighbours have raised concern about the potential highway safety issues arising from the location of the entrance door immediately off the access drive. However, it is considered that the relocation of the door could be satisfactorily secured through a reserved matters submission. The proposal is considered to comply with the requirements of policy T3 of the Local Plan.

In terms of car parking, the scheme provides for 17 off-street parking spaces associated with the new development and 4 spaces for the two existing residential units on the site. The arrangement of parking spaces on the site has been altered since the previous submission following the introduction the footpath which has necessitated the relocation of parking to No.107 Central Road and one other parking space. For the new residential development this would equate to 1.5 parking spaces per dwelling which accords with the Council's standards. Parking provision for the existing dwellings would exceed the standard by one space. The proposal is considered to comply with the requirements of policy T8 of the Local Plan.

76 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

With respect to concerns about emergency access, this is now covered by Approved Document B5 of the Building Regulations and following consultation with Building Control, Members are advised that the proposed layout would comply with the Building Regulations.

Layout and Design: The site is of sufficient size to accommodate the proposed dwellings along with associated parking, turning, highway requirements and amenity space and without having any significant adverse effect on neighbouring residential amenities. The proposed layout for the residential units would not appear out of keeping within the surrounding area and existing pattern of development and it is considered that, subject to appropriate design, dwellings on the footprints proposed would not appear out of keeping in this locality.

Protected Species: The proposed development would require the demolition of buildings and a protected species survey was undertaken in September 2006 to establish whether any breeding birds or bats would be affected by the proposal. The survey found no evidence of either bats or breeding birds using the buildings on the site. Given the time that has lapsed since the survey was undertaken, Natural England advised during the course of the application that a follow up survey would be required to ensure that the finds of the report remain valid. The required survey has been undertaken and concludes that the situation on site was as reported in 2006 except for minor variances relating to the condition of two buildings which now presented opportunities for bats to access the building. Whilst these opportunities now exist, the protected species surveyor found no evidence of protected species having used the buildings on the site. The revised comments of Natural England are now awaited and will be reported to Members via the update sheet.

Developer Contributions: It is understood that a unilateral undertaking is being prepared on behalf of the applicants and to include the developer contributions sought by consultees, although a copy has not yet been received by the District Council's legal advisors for checking. For clarification, the sums requested are as follows:

Required: Healthcare £9,333 Libraries £630 Civic Amenity £357 Leisure £7,700 Children's Play £13,750 Public Transport £4,000 Monitoring Fee (5 Clauses) £1,250 (NWLDC and LCC)

Should permission be granted in accordance with the Officer’s recommendation below, it is recommended that this should be permitted subject to conditions, and subject to the prior completion of a Section 106 Obligation to the satisfaction of the District Council's Legal Services Manager.

Children's Play: Using the formula in the Play Area Design Guidance Note Supplementary Planning Guidance, the erection of 11 dwellings on the site would require the provision of 220 square metres of play area. However, in certain circumstances, the Guidance Note accepts that it may be appropriate to require a commuted sum towards the cost of upgrading or extending existing facilities. A play

77 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B area on the site, due to the constraint of its shape, would need to be located at the end of the access drive and turning head, approximately 60m from Central Road. Concern has been raised about the proximity of such a play area to the public highway (particularly as the access drive would not be acceptable for adoption), in addition to the resulting practicalities of its use which may arise if the play area is perceived to be on a private drive for use by the occupiers of the proposed residential units only. In these circumstances the payment of a commuted sum as an exception to the usual on-site requirements as set out in the Play Area Design Guidance Note Supplementary Planning Guidance, would be most appropriate.

Other: In terms of concerns raised by neighbouring residents in respect of electricity supplies and loss of property value these are not planning matters that can be taken into account in the determination of the application. As for the security of existing properties, the Police Architectural Liaison Officer has been consulted on the application and raises no objection in principle to the proposal. The Officer makes a number of observations and it is considered that these should be provided to the applicant by means of a note to applicant should permission be granted. Reference is also made to another scheme considered by the Council in the past but Members are advised that it is a fundamental principle of planning legislation that each application be assessed on its own individual merits. As for noise and disturbance during construction works and concern about asbestos, these matters are covered by separate legislation which deals with statutory nuisances.

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

1 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall begin before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

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

2 Approval of the details of the scale and appearance of the new dwellings and external alterations to No.103 and 107 Central Road and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason- this permission is in outline only.

3 The reserved matter application shall include details of existing and finished ground levels and the proposed floor levels of the building(s). (In relation to an existing datum point).

Reason - To enable the Local Planning Authority to fully assess the development in the light of the ground levels on the site.

4 Notwithstanding the provisions of Part 1 of Schedule 2, Article 3, of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking and re-enacting that Order) no window or opening (other than any that may be shown on the approved drawings) shall be formed in the eastern elevation of the

78 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

building on plot 1 and the western elevation(s) of the building on plot 4 unless planning permission has first been granted by the Local Planning Authority.

Reason- to avoid the possibility of overlooking in the interests of preserving the amenities of residents.

5 No development shall commence on site at any time unless, within a period of not more than twelve months prior to the commencement of development, a survey of protected species within and in the vicinity of the site (including mitigation measures where appropriate) has been (i) undertaken by a suitably qualified individual and (ii) approved in writing by the Local Planning Authority. The development shall be carried out in strictly accordance with the recommended measures.

Reason - In the interests of nature conservation.

6 No development approved by this permission shall be commenced until such time as:

(a) A Desk Top Study (Phase I Investigation) of the site has been conducted. The Desk Top Study report shall include an assessment of the environmental setting, including geology, hydrogeology, landfills and all other relevant environmental information. The report shall include a risk assessment of the proposed development including potential sources, pathways and receptors and a conceptual site model. Following the risk assessment, recommendations for intrusive investigation, if necessary, shall be provided, including the rationale behind the design and justification of proposed chemical testing. The Phase I Investigation report shall be submitted to and approved in writing by the Local Planning Authority prior to conducting an intrusive investigation.

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

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

79 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

from the serving of the written notice of the intention to undertake the remediation has elapsed. If, during remediation works any unforeseen contamination is encountered the Remediation Method Statement shall be reviewed and an amended Remediation Method Statement report submitted to and approved in writing by the Local Planning Authority.

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

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

7 No works shall commence on site until a detailed scheme for the boundary treatment of the site has been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented before the dwelling is occupied.

Reason- to preserve the amenities of the locality.

8 No works shall commence on site until details of drainage works for the disposal of both surface water and foul sewage have been submitted to and agreed by the Local Planning Authority. The development shall be carried out in accordance with the agreed details.

Reason - to ensure that the development is provided with satisfactory means of drainage.

9 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped gullies within an overall capacity compatible with the site being drained.

Reason - to prevent pollution of the water environment.

10 No gates bollards/barriers or other means of obstruction shall be erected to the vehicular access.

Reason - to enable a vehicle to stand clear of the highway in order to protect the free and safe passage of traffic, including pedestrians, in the public highway.

11 Prior to the occupation of any dwelling hereby permitted, the existing gates to the vehicular access shall be removed.

Reason - to protect the free and safe passage of traffic, including pedestrians, in the public highway.

12 The gradient of the shared private access drive shall not exceed 1:12 for the first 5 metres behind the Highway boundary.

80 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Reason - to enable vehicles to enter and leave the highway in a slow and controlled manner and in the interests of general highway safety.

13 Prior to the occupation of any new dwelling hereby permitted, the turning facilities shall be provided within the site in order to allow vehicles to enter and leave in a forward direction as shown on the submitted plan. The turning area so provided shall not be obstructed and shall be available for use at all times.

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

14 Upon occupation of any new dwelling hereby permitted, a travel pack shall be provided to the occupants. Details of the pack shall first be submitted to and agreed in writing by the Local Planning Authority and include details of public transport (including timetables and bus stop locations) local schools, doctors/dentists and post offices etc.

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

15 The car parking including that for No.s 103 and 107 Central Road, Hugglescote shall be provided as shown on the submitted plan prior to any new dwelling being occupied and shall thereafter permanently remain available for such use.

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

16 Prior to the occupation of any dwelling hereby permitted, the access drive and any turning space shall be surfaced with tarmacadam, concrete or similar hard bound material (not loose aggregate) and shall be so maintained at all times.

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

17 Notwithstanding the submitted drawings, full details of the access arrangement including vehicular and pedestrian visibility splays, width, radii, and measures to aid road and pedestrian safety in/around the site access/junction (to take the form of signing/lining/ crossing details and/or bollards and ramp/speed cushion within the site access) shall be submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be provided prior to the sixth new dwelling being occupied and thereafter be so maintained.

Reason - to ensure that vehicles entering and leaving the site may pass each other clear of the highway and not cause problems or dangers within the highway, given the close proximity of the site access to the junction of Fairfield Road and Central Road.

18 No works shall commence on site until details of signing/naming of the development such that drivers can more readily locate the properties shall be submitted to and agreed in writing by the Local Planning Authority. The signing, to be sited clear of the access drive, public highway and any visibility splays shall be provided prior to any new dwelling being occupied and thereafter be so maintained.

81 Planning Committee 7 May 2008 Development Control Report PLANNING APPLICATIONS- SECTION B

Reason - in the general interests of Highway safety.

Notes to applicant

1 This decision has been made in accordance with Policies S2, H4/1, H6, H7, E2, E3, E4, L21, T3 and T8 of the North West Leicestershire Local Plan, Supplementary Planning Guidance and all other material considerations. The Council has taken into account all representations but considers the degree of harm that would arise would be insufficient to warrant refusal. 2 For clarification, the approved plans comprise drawing numbers 05/2070/01A, 05.2070.04B, 05.2070.05B, 05.2070.06D, 05.2070.07B and 980/1A, all received by the Authority on 19 February 2008. 3 All works within the limits of the Highway with regard to the access shall be carried out to the satisfaction of the Northern Area Manager - (telephone 01530 513333). 4 The proposed access road/drive does not conform to an acceptable standard for adoption and therefore they will NOT be considered for adoption and future maintenance by the Highway Authority. The Highway Authority will, however, serve APCs in respect of all plots served by all the private roads within the development in accordance with Section 219 of the Highways Act 1980. Payment of the charge MUST be made before building commences. Please note that the Highway Authority has standards for private roads which will need to be complied with to ensure that the APC may be exempted and the monies returned. Failure to comply with these standards will mean that monies cannot be refunded. For further details see www.leics.gov.uk/htd or phone 0116 2656782. 5 The Highway boundary is the wall/hedge/fence etc fronting the premises and not the edge of the carriageway/road. 6 You will be required to enter into a suitable legal Agreement with the Highway Authority for the off-site Highway works before development commences. 7 Your attention is drawn to the attached comments of the Police Architectural Liaison Officer.

82 Planning Committee 7 May 2008 Development Control Report HOUSEHOLDER APPLICATIONS- SECTION C

SECTION C- HOUSEHOLDER APPLICATIONS

No items in this section

83 Planning Committee 7 May 2008 Development Control Report OTHER MATTERS- SECTION D

SECTION D- OTHER MATTERS

No items in this section

84 Planning Committee 7 May 2008 Development Control Report LIST OF APPLICATIONS FOR PLANNING GROUP 7 May 2008

Section A - Previously Considered Items Item Reference Details Amend Print Sign Sent A1 07/01108/FUL

A2 07/01112/OUT

A3 07/01119/FUL

Section B - Planning Applications Item Reference Details Amend Print Sign Sent B1 07/01490/FUL

B2 07/01508/CON

B3 08/00227/OUT M Section C - Householder Applications Item Reference Details Amend Print Sign Sent Section D - Other Matters Item Reference Details Amend Print Sign Sent

85 Planning Committee 7 May 2008 Development Control Report