Rookery Farm 6 Church Lane Fenny Drayton

Planning Committee 18 August 2020 Report of the Planning Manager

Planning Ref: 20/00030/OUT Applicant: Mr Peter Simpson Ward: Twycross Sheepy & Witherley

Site: Rookery Farm 6 Church Lane Fenny Drayton

Proposal: Demolition of agricultural buildings and erection of 3 dwellings with associated garaging (Outline- all matters reserved except access, landscaping and layout)

1. Recommendations 1.1. Grant planning permission subject to: • Planning conditions outlined at the end of this report. 2. Planning Application Description 2.1. The proposal relates to the demolition of agricultural buildings on the application site and the construction of three dwellings. Submitted in outline format, access, landscaping and layout are to be considered as part of the application. All other matters are reserved for later consideration. A revised site layout plan has been submitted showing the dwellings attached in an L-shaped building around a central courtyard which would provide a turning area. Car parking would be provided either side of the properties with the existing vehicular access being utilised onto Church Lane. 2.2. The landscape plan for consideration shows the area of land to the east and along the boundary of the Church to be used as grassland along with the demolition of the existing building along this boundary. This would allow a 15 metre root protection area for the Yew Trees located along this boundary. Occasional tree planting would take place within the application site along with native hedgerow planting. 2.3. An indicative elevation plan has been submitted showing that the properties would be designed as traditional brick and tile buildings which would have the appearance of converted agricultural buildings. Predominantly single storey in height the majority of the building would be no higher than 5.7 metres to its ridge with a section of the building being higher but not exceeding a height of 7 metres to its ridge. 3. Description of the Site and Surrounding Area 3.1. The application site is a rectangular plot of land comprising some 0.34 hectares. Accessed via a private drive off Church Lane the site adjoins the settlement of Fenny Drayton. Part of the application site comprising the access drive is located within the settlement boundary for Fenny Drayton. The settlement boundary also forms the eastern boundary of the site and part of the southern boundary of the site with the bungalow to the south of the site being located within the settlement boundary. Open fields form the remaining boundaries to the north and west of the site. These features give the area its semi-rural character.

3.2. The agricultural unit was previously known as Rookery Farm and now forms part of a larger agricultural unit with the farmhouse located at Drayton Grange Farm. A prominent modern steel portal frame building with concrete panel walls and box profile cladding and roller shutter doors is located on the application site along with other smaller buildings. The buildings are currently used for the storage of agricultural machinery. 3.3. The application site benefits from a prior approval granted for the change of use of part of these agricultural buildings to three dwellings under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (ref: 18/00868/CQGDO). 4. Relevant Planning History 18/00868/CQGDO • Proposed Change of Use of Agricultural Building to 3 Dwelling houses (Class C3), and for Associated Operational Development application • Prior Approval Granted • 12.11.2018

5. Publicity 5.1. The application has been publicised by sending out letters to local residents. A site notice was also posted within the vicinity of the site. 5.2. Four letters of objection have been received from individual households raising the following issues: 1) The plans do not show the size of the dwellings or their orientation 2) The proposal would result in loss of privacy to the neighbouring properties 3) Potential for loss of light to neighbouring properties if solid boundary fences/walls are proposed 4) Potential for loss of views to neighbouring properties if solid boundary fences/walls proposed 5) The proposal would result in the over development of the site 6) Other residential proposals outside of the settlement boundary have been refused 7) The proposal would impact on the setting of the adjoining Listed Church 8) The site has the potential for remains from a medieval manorial site and there are remains of ponds on the site 9) Roman remains have been found in the vicinity of the site 10) The important Yew Trees in the adjoining Church yard may be affected by the proposed scheme 11) Field is rich in Biodiversity which would be impacted upon by the proposal 12) The site is clearly visible from the public footpath, T27 13) The Agricultural Land classification for this area is Grade 3: Good to Moderate

5.3. One letter of support has been received from a local resident raising the following: 1) The proposed housing scheme would be in keeping with the village 2) A well designed housing scheme would be better than the approved barn conversions which are modern buildings and are not architecturally attractive

5.4. One letter of comment has been received from a local resident raising the following queries: 1) Would this development be required to contribute towards traffic calming measures in the village as it is used as a rat run from the A444 to the A5? 2) The site may have a restrictive covenant on it preventing uses other than agricultural uses

6. Consultation 6.1. Witherley Parish Council objects to the proposal for the following reasons: 1) The proposal would constitute over development of the site 2) The site lies outside the settlement boundary for Fenny Drayton 3) The proposal would have a negative impact on historic views, the church and the trees within the church grounds 4) They query whether the field to the south west of the site is included in the application?

6.2. No objections to the amended proposal have been received from: HBBC Environmental Services (Pollution) – subject to a condition HBBC Drainage Engineer – subject to a condition LCC as Highway Authority – subject to conditions LCC Archaeology LCC Ecology – subject to a condition 7. Policy 7.1. Core Strategy (2009) • Policy 13: Rural Hamlets

7.2. Site Allocations and Development Management Policies DPD (2016) • Policy DM1: Presumption in Favour of Sustainable Development • Policy DM4: Safeguarding the Countryside and Settlement Separation • Policy DM6: Enhancement of Biodiversity and Geological Interest • Policy DM7: Preventing Pollution and Flooding • Policy DM10: Development and Design • Policy DM11: Protecting and Enhancing the Historic Environment • Policy DM12: Heritage Assets • Policy DM13: Preserving the Borough’s Archaeology • Policy DM17: Highways and Transportation • Policy DM18: Vehicle Parking Standards

7.3. National Planning Policies and Guidance • National Planning Policy Framework (NPPF) (2019) • Planning Practice Guidance (PPG)

7.4. Other relevant guidance • Good Design Guide SPD (2020) • National Design Guide (2019)

8. Appraisal 8.1. Key Issues • Assessment against strategic planning policies • Design and impact upon the character of the area including the setting of the listed building • Impact upon neighbouring residential amenity • Impact upon highway safety • Other Matters

Assessment against strategic planning policies 8.2. Paragraph 2 of the National Planning Policy Framework (NPPF) identifies that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Paragraph 2 of the NPPF also identifies that the NPPF is a material planning consideration in planning decisions. Paragraph 12 of the NPPF states that the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where planning applications conflict with an up-to-date plan, development permission should not usually be granted unless other material considerations indicate otherwise.

8.3. The current development plan consists of the adopted Core Strategy (2009) and the adopted Site Allocations and Development Management Policies (SADMP) Development Plan Document (2016). The spatial distribution of growth across the Borough during the plan period 2006-2026 is set out in the adopted Core strategy. This identifies and provides allocations for housing and other development in a hierarchy of settlements within the Borough.

8.4. Using the standard method as outlined by MHCLG, Hinckley and Bosworth Borough is able to demonstrate five years of deliverable housing at 1 April 2020. Due to the change in the housing figures required for the borough paragraph 11d of the NPPF is triggered. Paragraph 11 of the National Planning Policy Framework (NPPF) and Policy DM1 of the Site Allocation and Development Management Policies Development Plan Document (SADMP) set out a presumption in favour of sustainable development, and state that development proposals that accord with the development plan should be approved unless other material considerations indicate otherwise. This is weighed in the balance of the merits of the application when considered with the policies in the Site Allocations and Development Policies DPD and the Core Strategy which are attributed significant weight as they are consistent with the Framework. Therefore, sustainable development should be approved unless other material considerations indicate otherwise.

8.5. The access drive within the application site is located within the settlement boundary for Fenny Drayton. This is an existing drive which currently leads to the agricultural buildings and into the field to the north of the site. 8.6. However, the remainder of the site is situated outside the defined settlement boundary of Fenny Drayton which lies to the east and south of the site. Policy DM4 of the SADMP is therefore applicable and states that the countryside will first and foremost be safeguarded from unsustainable development. Development in the countryside will be considered sustainable where: • It is for outdoor sport or recreation purposes (including ancillary buildings) and it can be demonstrated that the proposed scheme cannot be provided within or adjacent to settlement boundaries; or • The proposal involves the change of use, re-use or extension of existing buildings which lead to the enhancement of the immediate setting; or • It significantly contributes to economic growth, job creation and/or diversification of rural businesses; or • It relates to the provision of stand-alone renewable energy developments in line with policy DM2: Renewable Energy and Low Carbon Development; or • It relates to the provision of accommodation for a rural worker in line with Policy DM5: Enabling Rural Worker Accommodation and: • It does not have a significant adverse effect on the intrinsic value, beauty, open character and landscape character of the countryside; and • It does not undermine the physical and perceived separation and open character between settlements; and • It does not create or exacerbate ribbon development 8.7. The site does not fall under any of the categories identified in Policy DM4 as sustainable development. The purpose of Policy DM4 is to protect the open character and landscape character of the countryside. As such, the principle of residential development is not accepted in this location and would represent a form of unsustainable development. As such, there is conflict with Policy DM4 of the SADMP. 8.8. Policy DM4 is considered to be out of date, given it is one of the most relevant policies for the determination of this application the conflict with this policy must be carefully weighed in the planning balance. Notwithstanding this, Policy DM4 is afforded significant weight as it is consistent with the NPPF. 8.9. A prior notification under Class Q of the GPDO has recently been approved for the conversion of part of the complex of agricultural buildings into three residential units with associated residential curtilages. This fall back position does have significant weight as a material consideration. However, as the objectives of the development plan and of the GPDO are mutually exclusive this material consideration needs to be considered as part of the planning balance. Design and impact upon the character of the area including the setting of the listed building. 8.10. Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on the local planning authority when determining applications for development which affects a listed building or its setting to have special regard to the desirability of preserving the listed building or its setting or any features of special architectural and historic interest which it possesses. 8.11. Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area. 8.12. Section 16 of the NPPF provides the national policy on conserving and enhancing the historic environment. Paragraph 193 states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. Paragraph 196 states that where less than substantial harm is identified, this should be weighed against the public benefits of the proposal. 8.13. Policy DM4 of the SADMP requires that development in the countryside does not have an adverse effect on the intrinsic value, beauty, open character and landscape character of the countryside, does not undermine the physical and perceived separation and open character between settlements and does not create or exacerbate ribbon development. 8.14. Policy DM10 of the SADMP seeks to ensure that new development should complement or enhance the character of the surrounding area with regard to scale, layout, density, mass, design, materials and architectural features. It should be noted that as the development is not considered to be sustainable development in the countryside in accordance with the first part of Policy DM4. 8.15. Policies DM11 and DM12 of the Site Allocations and Development Management Polices DPD seek to protect and enhance the historic environment and heritage assets. Policy DM12 states that all proposals for development affecting the setting of listed buildings will only be permitted where it is demonstrated that the proposals are compatible with the significance of the building and its setting. Policy DM11 states that all development proposals which have a potential to affect a heritage asset or its setting will be required to demonstrate how the benefits of the proposal will outweigh any harm caused. 8.16. The majority of the site is situated outside the settlement boundary and so within countryside. The access drive is flanked by Rookery Farm bungalow and St Michael’s and All Angels Church of England Parish Church and its grounds. The Church is a grade II* listed building dating from the 14 th Century. It is considered that the application site is located within the immediate setting of this listed building. To the south and on the opposite side of Church Lane is The Firs which is a grade II listed building dating from the early C19. This listed building is considered to be located within the wider setting of the application site. The planning application is accompanied by a Heritage Statement. 8.17. The existing built form on the site comprises a single large modern agricultural building with metal clad walls and a smaller concrete block building located within the northern section of the site. From Church Lane the northern section of the site and the buildings located upon it are screened to a certain degree by the existing bungalow, and this provides clear uninterrupted views of the church, church yard wall and high quality yew trees within the yard over the grassed area. Such views allow for the significance of the listed building and the features within its immediate setting to be clearly appreciated, in addition to appreciating the largely rural context within which the church is sited. The Firs and its boundary brick wall opposite the application site are also clearly visible from Church Lane. However, due to the existing character of the site it is considered that the agricultural buildings within the application site pay no particular contribution to the significance of The Firs as a listed building, but rather they have a neutral effect. 8.18. However, looking west from within the church yard towards the application site the smaller concrete block building is clearly visible through the gaps in the trees and is set against the backdrop of the larger agricultural building. Due to their stark form and appearance this existing built form on the site comprising of the two buildings do have a minor negative effect upon the significance of the Church of St Michael as a Listed Building. 8.19. Part of the complex of buildings does have an approval for its conversion to three dwellings. This approval involves the retention and conversion of this large utilitarian building into three dwellings which would have a minor negative effect on the significance of the Church. The application scheme, which proposes to demolish these buildings and replace them with a building of smaller scale and form would provide the opportunity to design a proposal which would enhance the setting of the Church. 8.20. Indeed, the amended layout proposal is for three dwellings to be provided within a single L-shaped building located within the western section of the application site and so away from direct views from the Church. The proposed building would be low in height and designed to appear as converted former brick and tile agricultural buildings which would be in keeping with the rural character of the area. The existing access drive would be used to serve the development and the grassed area between the drive and the church yard wall would remain undeveloped and planted with native species. Coupled with the demolition of the intrusive concrete building along the boundary of the church and the extensive landscaping alongside the churchyard, the proposal would enhance the significance of the Church of St Michael. 8.21. Indeed, Policies DM11 and DM12 of the Site Allocations and Development Management Polices DPD seek to protect and enhance the historic environment and heritage assets. The amended scheme follows a layout that is typical of a range of traditional agricultural buildings and greater reflects the rural character of the site. Curtilage features are limited to traditional boundary treatments including a low level brick wall to the front of the dwellings and native mixed hedgerows and post and rail fencing to the rear of the plots, so overall the proposed landscaping is considered to be appropriate and would maintain a rural character to the development. 8.22. The use of the existing access and siting of the development within the western section of the site would respect the immediate setting of the church by providing clear uninterrupted views of the church, church yard wall and high quality yew trees within the yard over the grassed area from Church Lane. The siting of the plots and the access arrangements also ensure that the construction of the dwellings would have no adverse impact upon the yew trees located within the churchyard. Although the matters of scale and appearance are reserved, the acceptable layout of the proposed dwellings allows for an appropriate design that reflects that of a range of converted agricultural buildings to be submitted at the reserved matters stage. The scale of these buildings should be kept to single storey, although there may be the potential for a small one and half storey element (perhaps reflecting a former threshing barn) whose height does not exceed 7 metres. Any design should not have an over-proliferation of features in the roof scape or dormer windows which would be uncharacteristic features. 8.23. The application has been submitted in outline format and so the design of the proposal is unknown. However, from the indicative plans submitted, any details submitted at the reserved matters stage can ensure that a brick and tile structure is designed to be in keeping with the character and appearance of this countryside setting. 8.24. For the above reasons, whilst the proposal would introduce built form into this countryside location which would be contrary to the aims of Policy DM4 of the SADMP, the application scheme would remove the existing utilitarian buildings which have a minor negative effect upon the significance of the Church of St Michael as a Listed Building and which do have approval to be converted into residential units. The proposal to construct a more sympathetic alternative development designed to appear as a low level courtyard brick and tile agricultural conversion would enhance the setting of the Church. Subsequently the proposal would comply with Policies DM11 and DM12 of the SADMP DPD, Section 16 of the NPPF and Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Impact upon neighbouring residential amenity 8.25. Policy DM10 of the SADMP states that proposals should not adversely affect the occupiers of the neighbouring properties. 8.26. The nearest neighbouring properties are nos 24 and 26 Rookery Close and no. 6 Church Lane. The layout plan indicates that the dwellings would be sited in excess of 40 metres from the properties along Rookery Close and some 25 metres from no. 6 Church Lane. Being predominantly single storey in height and in view of the distances involved with the intervening boundary treatment it is considered that the proposal can be designed so that it does not result in any significant loss of privacy to the neighbouring properties. 8.27. Concern has also been raised with regard to the potential for boundary treatment to block views of the wider area and restrict daylight to neighbouring properties. The layout shows that none of the boundaries with these neighbouring properties would be used as private residential amenity areas. Instead the land surrounding these boundaries would be used as communal grassed areas. As such, high solid boundary treatment would not be required. 8.28. Therefore, the proposal would be in accordance with Policy DM10 of the SADMP in terms of residential amenity. Impact upon highway safety 8.29. Policy DM17 of the SADMP states that all new development should be in accordance with the highway design standards. Policy DM18 ensures that development provides appropriate parking provision. 8.30. An existing vehicular access would be utilised to access the application site onto Church Lane which is an adopted, unclassified road subject to a 30mph speed limit. Improvements are proposed to this access and Leicestershire County Council as Highway Authority (HA) has stated that the improvements are in general accordance with the Leicestershire Highway Design Guide (LHDG) standards. The existing access has good visibility splays onto Church Lane and due to the narrowest of this road, the average speed of vehicles using this lane would be low. The HA also report that there have been no recorded personal injury collisions in the vicinity of the site access within the last 5 years. 8.31. The site benefits from a prior approval for the change of use of agricultural buildings to 3 dwellings. This proposal for the demolition of these buildings and the construction of 3 dwellings would generate the same level of traffic generation as the existing approved scheme. The site also contains sufficient turning and parking to serve the development proposed. As such a planning condition can be imposed on any consent granted relating to the provision of parking and turning areas. 8.32. It is considered that the residual cumulative impacts of the development can be mitigated and would not be considered severe in accordance with Paragraph 109 of the NPPF and the proposal is in accordance with Policies DM17 and DM18 of the SADMP. Other Matters 8.33. Policy DM6 of the SADMP states that development proposals must demonstrate how they conserve and enhance features of nature conservation. The planning application is accompanied by an Ecology Report and a Preliminary Roost Assessment. LCC’s Ecologist has confirmed that they have no objection to the proposal. However, in view of the proximity of ponds to the application site they recommend that the precautionary working method statement to protect any Great Crested Newts using these ponds should form part of a planning condition. They also advise that a note with regards to the protection of nesting birds is added to the decision notice. The proposal includes the retention of large undeveloped areas within the site along with additional landscaping and the retention of a 15 metre root protection area around the adjoining Yew Trees. Accordingly the proposed development would comply with the requirements of Policy DM6 of the SADMP 8.34. Concerns have been raised that the application site is located within the historic settlement core of Fenny Drayton and so the proposed development has the potential to impact on the archaeological interest or setting of any known or potential heritage asset. LCC Archaeology has confirmed that they have no objections to the proposal as aerial photographs indicate that the previous development of the site is likely to have caused significant disturbance to any archaeological deposits that may have been present within the current development footprint. As such they advise that the application warrants no further archaeological action with reference to the NPPF Section 16, para 189-190 and to Policy DM13 of the SADMP (2016). 9. Equality Implications 9.1. Section 149 of the Equality Act 2010 created the public sector equality duty. Section 149 states:- (1) A public authority must, in the exercise of its functions, have due regard to the need to: (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 9.2. Officers have taken this into account and given due regard to this statutory duty in the consideration of this application. The Committee must also ensure the same when determining this planning application. 9.3. There are no known equality implications arising directly from this development.

9.4. The decision has been taken having regard to all relevant planning legislation, regulations, guidance, circulars and Council policies, including General Data Protection Regulations (2018) and The Human Rights Act (1998) (HRA 1998) which makes it unlawful for the Council to act incompatibly with Convention rights, specifically Article 6 (right to a fair hearing); Article 8 (right to respect for private and family life); Article 1 of the First Protocol (protection of property) and Article 14 (prohibition of discrimination). 10. Conclusion and Planning Balance 10.1. Section 38(6) of the Planning and Compulsory Purchase Act 2004 and S70(2) of the Town and Country Planning Act 1990 require that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. 10.2. The proposal seeks development for the construction of 3 dwellings attached to each other to form a low level L-shaped building. The site is currently occupied by large utilitarian agricultural buildings some of which have approval for their conversion to 3 residential units. Part of the site is also situated within the defined settlement boundary of Fenny Drayton. The majority of the application site is located outside of the settlement boundary. As such, the proposal would be in conflict with Core Strategy Policy 13 and Policy DM4 of the SADMP. Although these policies are out-of-date, they are consistent with the Framework and are afforded significant weight. Nevertheless, paragraph 11d of the NPPF is engaged and a tiled balance should be applied where the permission should be granted unless adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 10.3. A residential development of 3 dwellings would be of limited benefit to the housing stock in the Borough. However, the proposal would involve the removal of all of the existing buildings which are considered to have a minor negative effect on the significance of the Church which is a Listed Building. The proposal to provide 3 architecturally designed dwellings to appear as a more traditional brick and tile built form with a low form and scale instead of the approved modern barn conversions would provide the opportunity for the new built form to enhance the setting of the Church in accordance with Policies DM11, DM12 of the Site Allocations and Development Management Policies (2016) DPD and section 16 of the NPPF and the statutory duty of Section 66 of the of the Planning (Listed Buildings and Conservation Areas) Act 1990.

10.4. As such, the identified benefits of the proposal would significantly and demonstrably outweigh any harm. Therefore, the presumption in favour of sustainable development does apply in this case and material considerations outweigh the conflict with some elements of the development plan.

10.5. In addition, the proposal would not have any significant adverse impacts upon residential amenity, vehicular or pedestrian safety, ecology and archaeology. It is considered that the proposed development would be in accordance with Policies DM6, DM10, DM13, DM17 and DM18 of the SADMP and paragraph 11 of the NPPF. Therefore, the proposal is recommended for approval subject to conditions.

11. Recommendation 11.1. Grant planning permission subject to • Planning conditions outlined at the end of this report.

11.2. Conditions and Reasons 1. Approval of the following details (hereinafter called “reserved matters”) shall be obtained from the local planning authority in writing before any development is commenced: a) The scale of the building proposed in relation to its surroundings b) The appearance of the development including the aspects of the building that determine the visual impression it makes The development shall be implemented in accordance with the approved details. Reason : To ensure a satisfactory appearance and impact of the development to accord with Policies DM1 and DM10 of the Site Allocations and Development Management Policies Development Plan Document (2016). 2. Application for the approval of reserved matters shall be made to the local planning authority within three years from the date of this permission and the development shall be begun not later than two years from the date of approval of the last of the reserved matters to be approved. Reason : To meet the requirements of Section 92 of the Town and Country Planning Act 1990. 3. The development hereby permitted shall not be carried out otherwise than in accordance with the submitted application details as follows: Site Location Plan and Demolition Plan received by the local planning authority on 13 January 2020 and Drgs No: FEN.LAY.005 and FEN.LAN.007 received by the local planning authority on 17 March 2020. Reason : To ensure a satisfactory appearance and impact of the development to accord with Policies DM1, DM10, DM11 and DM12 of the Site Allocations and Development Management Policies Development Plan Document (2016). 4. Any reserved matters shall include the dwellings on plot 1 and 2 being no higher than 5.0 metres in height to its ridge and the dwelling on plot 3 being no higher than 7.0 metres in height to its ridge, above the existing ground level. Reason : To ensure that the proposal has a positive effect on the significance of the adjoining Listed Building in accordance with Policies DM11 and DM12 of the SADMP (2016). 5. No works shall commence on the foundations of the dwellings hereby approved until such time as the buildings shown on the demolition plan received by the Local Planning Authority on 13 January 2020 have been removed from the site. Reason : In the interests of preserving the openness of the countryside in accordance with Policy DM4 of the SADMP (2016). 6. If during development, contamination not previously identified is found to be present at the site, no further development shall take place until an addendum to the scheme for the investigation of all potential land contamination is submitted to and approved in writing by the local planning authority which shall include details of how the unsuspected contamination shall be dealt with. Any remediation works so approved shall be carried out prior to the site first being occupied. Reason : To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised in accordance with Policy DM7 of the SADMP (2016). 7. No development shall commence on site until surface water drainage details, incorporating sustainable drainage principles (SuDS) have been submitted to and approved in writing by the local planning authority. The approved details shall be subsequently implemented in full prior to the occupation of the first dwelling. Reason : To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site to accord with Policy DM7 of the SADMP (2016). 8. No part of the development hereby permitted shall be occupied until such time as the access arrangements and surfacing shown on approved Drg No: FEN.LAY.005 received by the local planning authority on 17 March 2020 have been implemented in full. Reason : In the interests of general highway safety and in accordance with Policy DM17 of the SADMP and paragraph 109 of the NPPF. 9. No part of the development hereby permitted shall be occupied until such time as 2.0 metre by 2.0 metre pedestrian visibility splays have been provided on the highway boundary on both sides of the access with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway and, once provided, shall be so maintained in perpetuity. Reason : In the interests of pedestrian safety and in accordance with Policy DM17 of the SADMP and paragraph 109 of the NPPF. 10. The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with Drg No: FEN.LAY.005. Thereafter the onsite parking provision shall be so maintained in perpetuity. Reason : To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally (and to enable vehicles to enter and leave the site in a forward direction) in the interests of highway safety and in accordance with Policy DM17 of the SADMP. 11. The approved hard and soft landscaping scheme shall be carried out in accordance with Drg No: FEN.LAN.007 in the first planting season following occupation of the first dwelling. The soft landscaping scheme shall be maintained for a period of five years from the date of planting. During this period any trees or shrubs which die or are damaged, removed, or seriously diseased shall be replaced by trees or shrubs of a similar size and species to those originally planted at which time shall be specified in writing by the Local Planning Authority.

Reason : To ensure that the work is carried out within a reasonable period and thereafter maintained in accordance with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016). 12. The development shall be undertaken in full accordance with the mitigation recommendations contained in the Great Crested Newt Habitat Suitability Index Assessment (Rothen Ecology, January 2020). Reason: In order to protect the protected wildlife species and their habitats that are known to exist on site to accord with Policy DM6 of the SADMP (2016). 13. No development above foundation level of the dwelling any dwelling? hereby approved shall take place until samples of the materials to be used in the construction of the external facing materials have been submitted to and approved by the local planning authority in writing. Development shall be carried out in accordance with the approved sample details. Reason : To ensure that the development has a satisfactory appearance in the interests of visual amenity to accord with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016). 14. Any reserved matters application shall be accompanied by full details of the finished levels, above ordnance datum, of the ground floors of the proposed buildings in relation to existing ground levels. The details shall be provided in the form of a site plan showing sections across the site at regular intervals with the finished floor levels of the proposed buildings. The development shall be carried out in accordance with the approved levels. Reason : To ensure that the development has a satisfactory appearance in the interests of visual amenity to accord with Policy DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016). 15. Notwithstanding the provisions of Schedule 2, Part 1, Classes A-E inclusive of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), no enlargement, improvement or other alteration to the any? dwelling shall be carried out unless planning permission for such development has been granted by the local planning authority. Reason : In view of the site’s proximity to a Listed Building in accordance with Policies DM11 and DM12 of the SADMP (2016). 11.3. Notes to Applicant 1. The approved development may require Building Regulations Approval, for further information please contact the Building Control team via e-mail at [email protected] or call 01455 238141. 2. The site drainage scheme shall be constructed so that no surface water drains onto the public highway. Any access drives, parking and turning areas, paths and patios should be constructed in a permeable paving system, with or without attenuation storage, depending on ground strata permeability. 3. Where soakaway drainage is initially proposed, the suitability of the ground strata for infiltration should be ascertained by means of the test described in BRE Digest 365, and the results submitted to the LPA and approved by the Building Control Surveyor before development is commenced. If the ground strata prove unsuitable for infiltration, alternative SuDS proposals will require the further approval of the LPA before this condition can be discharged. 4. The collection point for domestic recycling, garden waste and refuse will be from the adopted highway boundary and so provision needs to be made on site for the storage of containers. 5. Planning permission does not give you approval to work on the public highway. To carry out off-site works associated with this planning permission, separate approval must first be obtained from LCC as Local Highway Authority. This will take the form of a major section 184 permit/section 278 agreement. It is strongly recommended that you make contact with LCC at the earliest opportunity to allow time for the process to be completed. The Highway Authority reserve the right to charge commuted sums in respect of ongoing maintenance where the item in question is above and beyond what is required for the safe and satisfactory functioning of the highway. For further information please refer to the Leicestershire Highway Design Guide which is available at https://resources.leicestershire.gov.uk/lhdg . 6. The applicant is advised that owls and bats are protected species under the Wildlife and Countryside Act 1981 and should work proceed and any of the above species be discovered, the applicant should contact Natural England immediately.