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. 2 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 . Una 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.