BLABY DISTRICT COUNCIL

Meeting: Development Control Committee

Date: 18 July 2013

Subject: Planning Applications for Determination

Report author and contact details:

Ian Davies, Planning Delivery Team Leader – 272 7688

Status: Public

1. Purpose of Report 1.1 To determine planning applications as listed in paragraph 5.2 below

and detailed in the attached report

2. 2.1

Recommendation That the recommendations listed within paragraph 5.2 below and detailed in the attached report be approved.

3. Forward Plan

3.1 Not applicable. 4. Key Decision 4.1 Not applicable. 5. Matters for Consideration 5.1 To avoid unnecessary delay in the processing of planning applications,

the recommendations included in this list must often be prepared in advance of the closing date for the receipt of representations. This list was prepared on 8 July 2013 and information of representations received will be updated at your meeting. This updating will also cover any other information which may come to hand in the intervening period. Closing dates are given where they fall on or after the day of preparation of the list.

5.2 App. No. Page No Site Address Recommendation 12/0865/1/OX 7 Land at junction APPROVE of Soar Valley Way & Narborough Road South Enderby 13/0362/1/PX 39 The Wick APPROVE Huncote Road Croft 13/0363/1/HPX 43 3 Lovelace APPROVE Crescent Elmesthorpe 13/0399/1/PY 48 Messengers APPROVE Barn Red Hill Farm Hinckley Road Sapcote

5.3 Other Options Considered - These are included where appropriate as part of the reports relating to each individual application.

6. Appropriate Consultations

Details of organisations / persons consulted in relation to the applications are included in the reports for each individual application.

7. Resource Implications

There are no specific financial implications arising from the contents of this report

8. List of Background Papers

Background papers are contained in files held in the Planning Division for each application being considered.

CE

DR: MO:

CPH:

Everards Brewery Limited Outline application for construction of brewery, visitor centre and ancillary uses, brewery tap, restaurants and outdoor sport and recreation facilities, erection of footbridge over River Soar, provision for erection of temporary marquee (approx 5 times per year), construction of food & drink preparation units (with ancillary retail trade counters) associated parking & landscaping, pedestrian access and detailed proposals for vehicular access from Soar Valley Way (A563) & Narborough Road South (B4114) -

12/0865/1/OX Registered Date 18 January 2013

Land at junction of Soar Valley Way & Narborough Road South, Enderby

Report Author and Contact Details: Kristy Ingles, Planning Delivery Team Leader, Council Offices Tel: 0116 272 7565 RECOMMENDATION The agreements between the Applicant and Leicester City Council and The Canal and River Trust for public access to be available in perpetuity between the application site and the National Cycle Network Route 6 to be first concluded to the satisfaction of the District Planning Authority. Once these agreements have been satisfactorily concluded the Council will refer the application to the Secretary of State as a departure under the Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999 as the application proposal includes over 5,000 square metres of town centre uses and is a departure to the Blaby District Local Plan (1999) and the Blaby District Local Plan (Core Strategy) 2013 That consequent upon the Secretary of State deciding not to intervene, planning permission be granted subject to: The applicants entering into an agreement pursuant to Section 106 of the Town and Country Planning Act 1990 to secure the following:

� Prior to the first use of the development a new pedestrian and

cycle bridge over the River Soar to be constructed and open for use in perpetuity;

� Prior to the first use of the development permissive paths to be

provided between the development site and the new bridge over the River Soar and the National Cycle Network Route 6;

� Green Infrastructure and Biodiversity Management Plan to be

submitted and agreed and subsequently implemented in accordance with the approved details;

� Submission of an Economy, Employment and Training Strategy

to secure employment and training for local residents;

� Payment towards or the provision of Travel Packs; one per employee which shall include an application form for a 6 month bus pass;

� The payment of £3263 per stop to improve the 2 nearest bus

stops in the vicinity of the application site; � A financial contribution towards equipping the nearest suitable

bus route with Real Time Information (RTI) bus system; and � Travel Plan Monitoring Costs of £11,337.

And subject to the following conditions: 1. Time limits for implementation – Within 5 years from the date of

permission or before expiration of 2 years from the date of approval of the first Reserved Matters application.

2. Submission of Reserved Matters – Approval of details of appearance, landscaping, layout and scale.

3. Time limit for the submission of Reserved Matters. 4. Maximum amount of development to be in accordance with the

submitted details. 5. Permission does not convey approval to any of the indicative layouts /

masterplans. 6. Detailed phasing programme/plan and the timing/phasing of required

infrastructure to be submitted and agreed. 7. Phasing statements to ensure each Reserved Matters application is in

accordance with site wide phasing plan/programme to be submitted. 8. Design code to be submitted and agreed. 9. Landscaping to be carried out in accordance with approved details and

approved phasing plan. 10. Ecological management plan to be submitted and agreed. 11. Details of materials to be submitted and agreed. 12. Details of finished floor levels to be submitted and agreed. 13. Details of any external lighting to be submitted and agreed. 14. Details of foul drainage to be submitted and agreed.

15. Details of a sustainable drainage system for the site to be submitted and agreed.

16. Detailed design of footbridge to be accompanied by hydraulic calculations.

17. Details of any piped discharges into the atmosphere to be submitted. Details to be accompanied by any abatement measures relating to noise, vibration, fumes and odours and maintenance of these measures.

18. Programme of archaeological work including Written Scheme of Investigation to be submitted and agreed.

19. Development shall only take place in accordance with the Written Scheme of Investigation.

20. Development not to be occupied until the site investigation and post investigation assessment has been completed.

21. Removal of permitted development rights for any change of use. 22. Occupation of B2 industrial units restricted to food and drink production

uses only. 23. Use of B1 offices to only be in association with the brewery use. 24. Retail sales to be ancillary to food and drink production units and

limited to a maximum of 10% of the floor area of each food and drink production unit and 280 sq metres in the visitors centre.

25. Removal of permitted development rights to erect temporary structures on the land edged in blue on the submitted plan (other than the approved marquee).

26. Marquee to only be sited in accordance with amended plan. 27. Marquee to only be sited between 1 April and 31 October each year for

a limited number of days and a maximum of 5 events. 28. A flood plan to be submitted and approved. 29. Overflow car parking area to be limited to the area shown on the

amended plan. 30. Details of the location, design and construction of permissive paths to

be submitted and approved. 31. Access from Narborough Road South to be constructed in accordance

with submitted plan. 32. Access from Soar Valley Way to be constructed in accordance with

submitted plan with addition of traffic signals. 33. Car parking to be provided within the site, including disabled spaces. 34. Carpark Management Plan to be submitted and approved. 35. Details of cycle parking to be submitted and agreed. 36. Framework Travel Plan to be submitted and approved. 37. Highway details to comply with the LCC design standards. 38. Surface water not to drain into public highway. 39. Construction method statement to be submitted and agreed.

Statement to include a construction traffic / site traffic management plan and the mitigation measures in the submitted Air Quality Assessment.

NOTES TO COMMITTEE Policy National Planning Policy Framework (March 2012) Blaby District Local Plan (Core Strategy) 2013 Policy CS1 – Strategy for locating new development Policy CS2 – Design of new development Policy CS6 – Employment Policy CS10 – Transport Infrastructure Policy CS11 – Infrastructure, services and facilities to support growth Policy CS12 – Planning obligations and developer contributions Policy CS13 – Retailing and other town centre uses Policy CS14 – Green infrastructure (GI) Policy CS15 – Open spaces, sport and recreation Policy CS16 – Green wedges Policy CS19 – Bio-diversity and geo-diversity Policy CS20 – Historic environment and culture Policy CS21 – Climate change Policy CS22 – Flood risk management Policy CS23 – Waste Policy CS24 – Presumption in favour of sustainable development Blaby District Local Plan (1999) Policy T1 – Public Transport Provision to serve Major New Development Policy T2 – Off Road/Layby Provision for Public Transport Policy T3 – New Highway Scheme: Provision of Pedestrian and Cyclist Facilities and Environment Safeguards Policy T6 – Off Street Parking Provision Policy T8 – Off Road Facilities for Loading, Unloading and Servicing Policy T10 – Car Parking and Servicing Areas Design Policy T12 – Access and Mobility Needs; Open Spaces Policy T17 (iv) – Road Schemes and Improvements (A563/B4114 Junction (Everards Roundabout)) Policy S5 – Food and Drink Uses Policy S6 – Opening Hours of Hot Food Shops Policy C3 – Green Wedges Policy L7 (i) – Recreation Routes (Great Central Way/ Grand Union Canal/ Jubilee Park) Policy L8 – Grand Union Canal Policy L10 – Tourism Development Policy CE21 – Existing Trees and Woodlands Policy CE22 – Landscaping Policy CE25 – Crime Prevention Policy M4 (iii) – Mineral Reserves (Soar Valley South) Policy CF5 – Floodplain Protection

Other Documents Blaby Landscape and Settlement Character Assessment (May 2008) Strategic Green Wedge Review (June 2009) Blaby Employment Land and Premises Study (March 2006) Blaby Employment Land and Premises Study (Refresh) (November 2011) Leicester and Leicestershire Housing Market Area Employment Land Study (October 2008) Leicester and Leicestershire HMA Employment Land Study (October 2012) Strategic Flood Risk Assessment (November 2007) Blaby Core Strategy Air Quality Review (August 2012) Consultations Enderby Parish Council – “Approve of the application in the belief that a Visitor Attraction will be beneficial for Enderby Village and the surrounding area”. Braunstone Town Council – Wishes to make the following comments: “Highways & Traffic Pollution The Highways Agency has stated that the need for improvements to M1 Junction 21 and the A46 will arise through the cumulative impact of all the developments proposed and the need for improvements must be recognised. Mechanisms must be introduced to support the delivery of mitigation measures (both traffic congestion and air pollution) through developer contributions. Braunstone Town Council is concerned that there are no proposals in the Application for highway related planning obligations. Any planning consent should therefore be conditional upon the developers providing funding for appropriate mitigation measures including:-

• Mitigation measures on the wider highway network in the Junction 21 area;

• Green Travel Plan/Supporting Public Transport;

• Infrastructure – walking, cycle routes etc, linking Fosse Park, Grove Park Triangle and the Park and Ride Site;

• The purchase, installation, operation and maintenance of air quality monitoring equipment to help assess the impact of the development (and any future proposals) on local Air Quality Management Areas.

Green Wedge The proposals are contrary to Policy CS16 of the Blaby District Core Strategy adopted on 21st February 2013. The Town Council is concerned about the loss of the Green Wedge, which as the objective of preventing the merging of settlements and providing a green lung into urban area. The proposed

development could be harmful to the functions of the Green Wedge between Enderby, Narborough and Braunstone. Flooding Development within the Green Wedge and adjacent to the flood plain could increase the risk of flooding downstream. Retail Usage To ensure that only properly managed growth will be facilitated in the Motorways Retail Area any consent, for the Soar Valley Park site, must be conditional upon the use and occupation of the retail units being restricted to local food and drink production businesses.” Glen Parva Parish Council – “Members of the Parish Council have considered this application and have met with representatives of FPCR Planning Consultants and Everards Brewery Ltd concerning this application. The Parish Council generally welcomes the principle of providing this new Food and Drink Cluster and would like to submit the following observations to the proposals:

• The provision of access for horses and horse riders, with suitable ground surface would be welcome;

• There are serious concerns about the impact of traffic on Soar Valley Way, with the proposed access and exit points being located there, especially with further impact on the Lubbesthorpe Development;

• The provision of a slip road at this point would be preferred in order to ease traffic flow;

• Further serious concerns about the traffic congestion in the Fosse Park Shopping Centre, particularly at peak/seasonal times. The right hand turn into Fosse Park on the Soar Valley Way is often regularly “coned off” in order to prevent vehicles turning right into Fosse Park;

• The issue of car parking at Fosse Park in relation to the proposed Food & Drink Cluster is also a concern;

• The impact of the future operation of the exiting (sic) Everards Brewery Site should also be sensitively considered in the future, especially in relation to the type of retail outlet and potential car parking and traffic implications at that point in the future;

• The provision of a footbridge is welcome, together with the provision of a network of footpath links to Glen Parva and the Local Nature Reserve Site.”

Narborough Parish Council – Does not object to the application and makes the following comments: “Narborough Parish Council supports this application as a good overall use of the land; however we have grave concerns for the impact on traffic in an already highly sensitive. Consideration should be given to ensuring there is sufficient parking on site when all planned activities are in use. The Planning

Authority should be mind to examine the independent surveys that have been undertaken on these matters.” Blaby Parish Council - Does not object to this application. Planning Policy, Leicester City Council – Raises no objections to the proposal but makes comments on the following issues:

• the proposal would complement Fosse Park by effectively extending the shopping and recreational experience;

• requests that permitted development rights be removed for change of use of A3 and A4 uses to A1 uses;

• the amount of A1 floorspace should be limited by condition and restricted to being ancillary to the D1/D2 use;

• does not object to the office floor space as proposed.

• in relation to the existing Castle Acres the City Council would be very concerned to see the retail at Fosse Park expand in any way;

• the City Council is likely to welcome the opportunity to address the need for employment land across the PUA.

Oadby and Wigston Borough Council – No response received. Developer Contributions Officer, Leicestershire County Council – No developer contributions are requested. Planning Historic and Natural Environment, Leicestershire County Council – Makes comments on the following issues:

• there is not a mineral sterilisation issue with this application and the County Council does not object on these grounds;

• the County Council no comments in respect of waste planning. Planning Ecologist, Leicestershire County Council – Has no objections in principle. However, the Ecologist does recommend that further surveys of some of the grasslands are undertaken in spring/summer of this year and makes comments on the grassland management proposals in the Green Infrastructure Biodiversity Management Plan. The Ecologist states that once these issues have been clarified she would be happy to recommend approval of the application. Senior Planning Archaeologist, Leicestershire County Council – Comments that the site lies in an area of significant archaeological potential and the applicant must implement an appropriate programme of archaeological investigation before development commences and conditions are recommended. Senior Access & Development Officer, Leicestershire County Council – Makes comments on the following issues:

• welcomes the provision of a new pedestrian/cycle bridge across the River Soar;

• developers will need to seek agreement from third parties to build this bridge and the linking cycleway over private land which is currently outside the company’s ownership;

• fully support the creation of a link between public footpath W120 across the River Soar to the existing bridge at Blue Bank Lock and would like to see the creation of a surfaced Public Bridleway along this route;

• Would create a non-motorised user route for the local community allowing people to choose how they travel around the local area;

• happy for the other new waymark trails across the site to remain on a permissive basis;

• the public are entitled to access to the Ratby Meadows Open Access Land at all times.

Stepping Stones – Makes comments on the proposals on the following issues:

• the proposals would not have a significant detrimental affect to the Sence and Soar Valley South Green Wedge as a whole;

• would welcome the retention of a green corridor to the north and south of the development site;

• the existing hedgerows and mature trees should be retained as far as possible;

• the development should reflect the nature of the adjacent Green Wedge. Welcome the links to the wider footpath network;

• the grazing regimes in the fields needs to be considered;

• the SuDS scheme must be designed to meet the needs of wildlife. Severn Trent Water – No objection subject to drainage condition. Natural England – Comments that the ecological survey submitted with this application has not identified that there will be any significant impacts on statutory protected sites, species or on priority Biodiversity Action Plan (BAP) habitats as a result of this proposal. However, Natural England supports the recommendations set on the ecological appraisal with regard to bat sensitive lighting. Furthermore, when considering this application the Council should encourage opportunities to incorporate biodiversity in and around the development. Environment Agency – On the first consultation – Objects for the following reasons: “The application site lies within Flood Zone 2 & 3 defined by the Environment agency Flood Map as having a medium and high probability of flooding. Paragraph 101 of the NPPF requires decision-makes to steer new development to areas at the lowest probability of flooding by applying a “Sequential Test”. In this instance no evidence has been provided to indicate that this test has been carried out.”

Environment Agency – On the submission of additional information by the applicants – Makes the following comments:

• able to remove objection to the seasonal events and overspill parking provided the use can be controlled by condition;

• no objection in principle to a footbridge over the river provided there is no increase in flood risk as a result. This needs to be assessed as part of the flood risk assessment;

• able to request a planning condition regarding Sustainable Drainage;

• the application of the sequential test is a matter by the District Planning Authority.

Environment Agency – On re-consultation – Withdraws the objection to the proposal subject to specified conditions being imposed. Leicestershire Police – Encourages and promotes the principles in the National Counter Terrorism Security Office publication “A Guide for Visitor Attractions” in the development of the plans for the development. Canal & River Trust – Makes comments on the proposal including:

• The Grand Union Canal and Blue Bank Bridge are in the ownership of the Canal & River Trust and the use of the bridge will require the prior consent of the Trust; such consent, where it is granted, is normally subject to a commercial agreement;

• The application site boundary should be amended to encompass the proposed route all the way to its connection with the Sustrans route. As the application stands, it does not appear possible for the proposed development to deliver this link, as the route between the River Soar and the Sustrains route cannot be secured;

• Whilst the Trust has no objection to the current application proposals, which do not direct affect the Trust’s property, it is considered that the application details do not reflect the stated aims of the supporting documents;

• Although the Trust would not necessarily wish to object in principle to the use of the bridge as part of a new pedestrian/cycle link, equally the Trust do not wish such use to increase their liabilities and therefore the Trust needs to assess any amended proposal in terms of potential impacts on the bridge, its future maintenance and any other additional liabilities that such use may impose on the Trust. The Trust would also wish to consider the extent to which a request for a developer contribution to cover the cost of any improvement works to the bridge might be justified via a planning obligation to be entered into as part of any planning permission.

Leicestershire & Rutland Wildlife Trust – Makes detailed comments on the proposals on the following issues:

• hedgerow removal should be minimised and hedgerows need to be managed;

• all trees should be retained and native tree planting undertaken. The mature oak in the development area could be a bat roost and should be protected with an adequate buffer area;

• a full badger survey needs to be undertaken before development commences;

• there have been sightings of otters in the area;

• broadly supportive of the Green Infrastructure Biodiversity Management Plan but requests further discussions with the applicants on the management of the site in the long-term;

• concerns about increased public activity and potential disturbance to wildlife. Would prefer surfaced paths to be kept to a minimum and made a natural as possible. The route of the path may need to be diverted from more species-rich grassland areas;

• the Whethers Field (Ratby Meadow) should be included in the management plan for the site;

• grazing over the autumn and winter may not be practical due to flooding. Safe grazing zones should be designated outside the floodplain and managed so stock can be easily be moved in times of flood;

• happy that two ponds will be created and would also like ponds to be created on the eastern edge and balancing ponds to the west not be so isolated;

• further survey of southern pond should be undertaken;

• how will the area be policed and litter managed?

• the Wildlife Trust would like to be involved with the management plan for the whole area;

• the Whethers Field (Ratby Meadow); the field to the south and hedgerows meet the Local Wildlife Site criteria.

British Horse Society – No response received. Senior Environmental Health Officer, Blaby District Council - Makes comments on the proposals including:

• prefer to consider the Environment Agency’s consultation reply and more information regarding the maintenance of the cited watercourse before giving more detailed observations;

• noise and odour emissions from the buildings may require controls through appropriate conditions/reserved matters;

• recommends that conditions are placed on any consent granted requiring details of any piped discharges to atmosphere to be submitted to the Local Planning Authority with suitable abatement measures relating to noise, vibration, fumes and odours for prior approval and maintenance of those measures for the lifetime of the development;

• the air quality assessment appears to be generally acceptable;

• that a condition is placed on any consent granted requiring the applicant to submit a Construction Method Statement to the Local Planning Authority for prior approval and effective implementation. The

Statement should include the mitigation methods that are listed in the submitted Air Quality Assessment.

Health & Leisure Services Manager, Blaby District Council – Comments that it is encouraging to seeks the links made to the Glen Parva Local Nature Reserve and would like the developer to explore opportunities of a green route through to Jubilee Park as well. Leicester Local Access Forum – Makes the following comments on the proposals:

• The route over the new bridge, including the connection to the Great Central Way and St John’s should be recorded as a public bridleway;

• Surface of path to be suitable for multi-use;

• Status of public footpath from Ratby Meadow Lane to be reclassified as a bridleway.

Leicester City Council Highways – Makes comments on the application including:

• The development is unlikely to have a material impact upon roads in the city;

• Welcomes the proposed new footbridge;

• Recommends that the new and existing footpath routes are recorded by the County Council as a public bridleway;

• The question of who can grant public rights across the canal bridge needs investigation;

• Needs to be clarity on the future responsibility for maintenance of the new path surface, the bridge over the canal and the new river bridge

Leicestershire County Council as Highway Authority – Raises no objection subject to conditions and developer contributions in the interests of encouraging sustainable travel to and from the site, achieving modal shift targets and reducing car use. The comments of the Highway Authority are attached in full at Appendix 1. Highways Agency – Has no objections to the proposal as the development is not expected to have a material impact on the closest strategic route, the M1. Representations One representation has been received from a resident of Blaby District supporting the planning application and making comments on the following issues:

• The proposals would enhance the rights of way network in the area and broaden the wildlife corridor;

• Due to congestion the only practical access points are by sharing the access to the police complex or from Ratby Meadow Lane;

• The number of cattle should be kept low and should be kept off areas with public access;

• The idea of spreading of green hay should be treated with caution as wild flowers prefer impoverished soil. A good population of yellow rattle would help as it is parasitical of grass;

• Black Poplars should be introduced. Four letters of representations have been received from residents of Blaby District making comments/objections to the proposals. In summary the comments/objections relate to the following issues:

• Concern about the impact on Ratby Meadow Lane and any alteration to the status of this lane;

• Ratby Meadow Lane has recently been resurfaced at the expense of residents;

• Concern that extra traffic will be generated including vehicles attempting to park at the bottom of Ratby Meadow Lane;

• A bridge over the river would open up access to the rear of Ratby Meadow Lane property compromising security;

• Concerns with regard to the land called The Whether;

• The industrial unit which has polluted this area for years should be on an industrial estate;

• The industrial unit would be moved closer to a residential area and on green belt land;

• Negative impact on the area (traffic, pollution etc) and impact on residents of the Ratby Meadow Lane area;

• No objection to the brewery and retail outlets. Objection to the bridge and pathway and access to the meadows area needs to be reconsidered;

• A footpath and cycle way and increased visitors numbers would not enhance the area. It would not protect the landscape, its character and identity;

• Wildlife habitat would be disturbed and destroyed. People are mostly unaware of the disturbance they are causing to wildlife;

• The area is home to over 50 species of birds. Increased access and disturbance would affect breeding birds;

• Foxes will no longer be able to hunt in the daytime;

• Otters must be protected from disturbance. Pick Everards, on behalf of Grove Park Commercial Centre Ltd, raises traffic and transport concerns. In summary the concerns relate to the following issues:

• An overall concern that the findings of the TA, and the traffic scenarios assessed do not appropriately represent the reality of the situation in the immediate area of the proposed site;

• Marquee events could generate a significant number of trips and this has not been accounted for in the TA;

• The TA assesses three junctions in detail for the year 2026 assuming that the Lubbesthorpe development will have been constructed. The highway mitigation works included with the Lubbesthorpe development will not have been constructed by the time the brewery development opens in 2016. The full impact of the development on opening has not been assessed by the TA;

• The applicant does not appear to have put forward any proposals to carry out any mitigating highway works to alleviate the traffic impacts of their development;

• The TA identifies the percentage impact on 12 nearby junctions in 2016. The junctions identified as suffering the greatest and second greatest impact have not been assessed in any detail;

• The detailed assessment of the A563/B4114 junction demonstrates that this junction is likely to operate at over 90% saturation on three arms as a result of the development. Concern about the impact on the B4114/Everards Way and A563/B5460 junctions which have not been assessed in detail;

• Birstall Park & Ride bus route and the Enderby Park & Ridge bus route now run as two separate services. This has not been considered by the TA;

• The site is not surrounded by residential areas. Limited scope for encouraging sustainable travel to the site;

• The TA does not consider the implications of any future alternative use of the existing Everards site. Even for some alternative B2 uses more vehicle movements could be generated than by Everards existing use;

• Further more detailed regard needs to be had to egress of traffic from the application site, major proposals in the surrounding area and the need for substantial expenditure to the nearby traffic island and directly affected routes to minimise the adverse effect of additional traffic.

Relevant History None of relevance to the determination of this planning application. EXPLANATORY NOTE The Application Site The application site comprises of two distinct areas:

• Area A is to the south of Fosse Park and the existing Everards Brewery site. It is situated between Soar Valley Way and the Leicestershire Constabulary Police Headquarters. The site is currently used as a large arable field and its boundaries are clearly defined by mature hedgerows. The eastern side of this site is located within flood zones 2 and 3. All the development (excluding the new bridge and permissive paths) would be located within this part of the application site;

• Area B of the application site is located at and over the River Soar. This site is within the floodplain. A new bridge over River Soar is proposed in this location;

• The applicants own the land between the two parts of the application site. This land would be retained as grazing pasture with public access as described below.

The Proposals This outline planning application, submitted by Everards Brewery, seeks permission for:

• the construction of a brewery, visitor centre and ancillary uses;

• brewery tap and restaurants;

• a footbridge over the River Soar;

• the erection of a temporary marquee;

• construction of food and drink preparation units (with ancillary retail trade counters); and

• associated parking & landscaping. All matters are reserved for later approval apart from the means of access. Two vehicular accesses are proposed for the development. The first from Soar Valley Way (A563) would be a signalised junction in conjunction with the existing Grove Way signalised junction. This access would be a left in and left out junction. The second access would be off Narborough Road South and would be left turn entry only with a deceleration and turning lane. The proposals include the opening up of public access to this part of the Soar Valley. A new bridleway, cycle and pedestrian route is proposed from the development site through fields within the applicant’s ownership to the River Soar. A new pedestrian and cycle bridge is proposed over the River Soar. This route would link with the existing Public Footpath Z13 which is to the west of the Grand Union Canal and to the National Cycle Network Route 6. However, access is subject to agreement being reached with Leicester City Council and The Canals and Rivers Trust to allow public access over land that they own between the applicant’s land and the Public Footpath and the Cycle Network. Negotiations are ongoing between the applicant and the City Council and The Canals and Rivers Trust. In addition, the new bridleway, cycle and pedestrian route would provide a link to Public Footpath W120 which runs from the common land known as the Whether, through the fields owned by the applicant and along Ratby Meadow Lane to St. Johns, Enderby. The applicant has stated that public access is an integral part of the proposals. The development would create business and employment opportunities in the food and drink industry and the applicants describe their proposals as “The

Soar Valley Park Food and Drink Cluster”. Phase 1 of the development would include the new brewery, visitors centre, restaurants, brewery tap, bridge over the River Soar and public access routes through this part of the Soar Valley. Phase 2 would be the food and drink business units with ancillary trade/retail counters. The applicants have estimated the proposals would provide between 300 and 400 skilled jobs in the Food and Drink Industry. The total floorspace of each element of the development proposals is: Use Amount B2 Everards new brewery 1,600 sq.m B1 Everards offices 1,600 sq.m (includes function room) B2 Food and drink production 3,390 sq.m (with ancillary retail/

presentation/ trade counters of up to 10% of gross floor area of each unit, i.e. up to a total of 339 sq.m)

B1 Food and drink research and development 675 sq.m D1/D2 Visitor Centre & Outdoor Sport and Recreation 910 sq.m (of which up to 280 sq.m

would consist of 4x 70 sq.m of retail kiosks)

A3 Restaurants 1,350 sq.m A4 Public houses 1,985 sq.m Marquee Up to 1,500 sq.m . Total 13,010 square metres The application submission is supported by the following documents:

• Planning Statement;

• Design and Access Statement;

• Statement of Community Involvement;

• Flood Risk Assessment and Drainage Strategy Report;

• Utility Statement;

• Archaeological Evaluation;

• Green Infrastructure and Biodiversity Management Plan;

• Landscape and Visual Appraisal;

• Green Wedge Review;

• Ecological Appraisal;

• Arboricultural Assessment;

• Industry Preliminary Feasibility Study and Economic Assessment;

• Impact and Sequential Approach Assessment;

• Air Quality Assessment;

• Transport Assessment;

• Framework Travel Plan.

Planning Considerations Section 38(6) of the Town and Country Planning Act 1990 requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. This section of the report will first consider the proposed development against the policy background and then consider any other material considerations. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local policies expressed through the Development Plan. National Planning Policy Framework (NPPF) The NPPF establishes the key principles for proactively delivering sustainable development through the development plan system and the determination of planning applications. The emphasis is that planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system. The NPPF sets out the planning approach that the Government wishes to see in relation to many aspects of the planning system - with the golden thread running through the decision making process being the presumption in favour of sustainable development. It suggests that in decision-taking, this means approving development proposals that accord with the development plan without delay; and, where the development plan is absent, silent or relevant policies are out of date, to grant permission unless:

• Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole; or

• Specific policies in the NPPF indicate development should be restricted.

Development Plan Green Wedge The application site is located within Green Wedge as defined on the proposals map of the Blaby District Local Plan (BDLP) 1999. Saved Policy C3 of the BDLP 1999 only allows for agricultural, recreation, forestry, transport and mineral uses that would not damage the open and undeveloped character of the green wedge. Policy CS16 of the Blaby District Local Plan (Core Strategy) 2013 states that Green Wedges are important strategic areas which are designed in order to:

• Prevent the merging of settlements;

• Guide development form;

• Provide a green lung into the urban area; and

• Provide a recreation resource. The Policy specifies that the uses that are appropriately located in Green Wedges include: agriculture, outdoor recreation, forestry, footpaths, bridleways, cycleways and burial grounds. In circumstances where the development would not be harmful to the functions of Green Wedges the following uses would be allowed: wind turbines, park and ride facilities, transport infrastructure and mineral extraction. Policy CS16 does acknowledge that the need to retain Green Wedges needs to be balanced against the need to provide new development in the most sustainable locations. The detailed boundaries of the existing Green Wedges will be formally reviewed through the Allocations, Designations and Development Management DPD. The application site is undeveloped agricultural and grazing land. The Strategic Green Wedge Review of July 2009 indicates that the land between the Police Headquarters and Fosse Park has an important function in preventing coalescence (separating Enderby from Fosse Park and the built up area of Leicester). It also fulfils other Green Wedge purposes in that it guides development form and acts as a green lung. The development proposals would result in the loss of green undeveloped land within the functioning Green Wedge. The application is therefore contrary to the provisions of Policy C3 of the BDLP 1999 and Core Strategy Policy CS16. However, the application includes measures to mitigate the impact of the development on the Green Wedge. The application includes significant improvements to public access and the use by the public of the site and the adjacent land owned by the applicant. The links to the public footpath network and the national cycle network, which would be delivered as part of the development, are considered to be of overall public benefit. All these elements would retain and create green networks between the countryside and open spaces within the urban areas and retain and enhance public access to the Green Wedge, especially for recreation. The provision and improvements to the green networks is in accordance with the designation of the land as Green Wedge. The application proposals also include a Green Infrastructure and Ecology Management Plan for the site and wider area of land owned by the applicant. The Management Plan will be developed further in consultation with the County Council and the Leicestershire and Rutland Wildlife Trust. It has been demonstrated that the proposals would not harm the existing ecological importance of the area. When implemented the Management Plan would result in enhancements to ecological habitats and the quality of the grassland.

Water bodies, trees and the majority of the existing hedgerows would be protected and enhanced. Whilst the application proposals involve the development of approximately 5 hectares of Green Wedge land, the development proposals would enhance the function and public use of the adjacent land in the applicant’s ownership. Furthermore, the built development proposed would not result in the merging of settlements as the land surrounding the main development site is all located within Enderby Parish. Overall it is considered that the impact of the development proposals on the Green Wedge needs to be balanced against the mitigation proposed and the economic benefits and other technical and material considerations discussed below. Employment Development Core Strategy Policy CS1 broadly supports the approach of “urban concentration” with development within and adjoining the Principal Urban Area (PUA) being the preferred strategic approach. The site is within the Parish of Enderby and is adjacent to Fosse Park but the application site does not technically adjoin the PUA. However, the proposal would effectively be a continuation of the built up urban area and therefore the site has a strong relationship with the PUA. Policy CS1 states that a minimum of 68 hectares of employment land will be provided in the District within the plan period of which at least 57 hectares would be provided within and adjoining the PUA. When Glenfield Park and the Lubbesthorpe Strategic Employment Site are taken into account, the residual employment land requirement is 17 hectares. Core Strategy Policy CS6 seeks to allow for the appropriate quantity and quality of employment land and premises that will deliver a thriving and diverse economy with high quality employment opportunities. The applicant has demonstrated that the development site would meet the needs of food and drink production businesses who are considering future growth and expansion. The clustering of food and drink businesses is considered to have overall benefits such as collaborative distribution, economies of scale and shared training costs and opportunities. The development would result in the retention of Everards Brewery within Blaby District, therefore retaining existing jobs. The development proposals would also provide an opportunity to extend the range of employment opportunities in Blaby District within the leisure and food and drink production sector. The applicant’s consultants have estimated that the development would deliver approximately 300 to 400 skilled jobs. It is consider that the proposals would help to deliver the requirements of Core Strategy policies CS1 and CS6.

Other material considerations Transport The means of access to the site is for approval at this stage. The site is located in one of the most important parts of the County strategic road network, accessing onto the heaviest trafficked roads in the county and providing access to Junction 21 of the M1. The road network in the area suffers from congestion in peak hours from commuter traffic and at weekends from traffic associated with the Fosse Park shopping area. The applicant’s highway consultants have worked with the County Highway Authority to demonstrate that the development would be acceptable in terms of highway safety and sustainability. The full comments of the County Highway Authority are attached at Appendix 1 of this report. The Highways Agency has raised no objections to the proposals. The site is proposed with two vehicular access points. The first would be a left turn entry only off Narborough Road South which would be located approximately 100 metres north of the Leicestershire Police Headquarters access. This entry would have a deceleration and turning lane. The second access would be a left in and left out junction on Soar Valley Way, about 50m west of Grove Way (the entry to Fosse Park from Soar Valley Way). This second access would be signalised in conjunction with the existing signalised Grove Way junction. The County Highway Authority has concluded that there is no basis to resist the development. In summary the reasons for this conclusion are as follows:

• The Highway Authority is unable to demonstrate that the additional impact of traffic from the development on this already busy road junction would lead to an unacceptably high risk of accidents and safety concerns;

• Whilst the development does little to improve the sustainable nature of Fosse Park, the application site is well connected to buses and well linked to the existing cycleway on Narborough Road South;

• The Transport Assessment has demonstrated that the development does not generate high numbers of trips at peak times, particularly when compared to the existing traffic flows;

• Capacity in the evening peak (and Saturdays) for the Everards roundabout and Grove Way junction would be reduced, but some spare capacity would be retained;

• In 2026 during the evening peak the analysis shows that the additional traffic from the development at the Everards roundabout would take the junction to capacity. However, the average increase in queuing is about 5 vehicles and the overall impact is not severe;

• The development would have a minor adverse impact on the performance of the highway network in the area in terms of queuing and delays. However, the impact of the development would not be severe;

• A car parking accumulation study has indicated that the number of parking spaces proposed would be acceptable. A condition can be imposed requiring a car parking management plan for the site.

The County Highway Authority has recommended the imposition of conditions. In the interests of encouraging sustainable travel to and from the site and to achieve modal shift targets and reduce car use developer contributions are required for travel packs, bus passes and improvements to bus stops and the bus route Real Team Information System. The NPPF sets out the Government’s planning policies relating to “Sustainable Transport”. One of the themes relating to transport is to ensure developments are located where the need to travel can be minimised or alternatively there is a choice of means of transport. Extending choice of modes of travel to include improved public transport and walking and cycling routes is also recognised. The NPPF states that development should only be refused or prevented on transport grounds where the residual cumulative impacts are “severe”. The County Highway Authority is satisfied that it has been demonstrated that the transport impacts of the development would not be severe. Furthermore, that conditions can be imposed and developer contributions sought to encourage sustainable travel to and from the site. Any requests for contributions have to be assessed by the Council under the requirements of Community Infrastructure Levy Regulations 2010. In this case the contributions requested by the Highway Authority are considered to have met the terms of the regulations. Air Quality An air quality assessment has been submitted with the planning application. The assessment has been reviewed by the Council’s Senior Environmental Health Officer. He has advised that the assessment is acceptable and in accordance with his discussions with the applicant’s consultants. He advises that appropriate conditions are required to control emissions during both the construction and operation of the development. Flood Risk Management The proposed buildings and vehicular accesses would be located outside the floodplain and the proposals include sustainable drainage features within the site. The reminder of the application site and the land owned by the applicant is within flood zones 2 and 3 having a medium to high risk of flooding. A sequential assessment has been submitted. It has been satisfactorily demonstrated that the main development would be located outside the floodplain. The elements of the scheme within the floodplain could not located elsewhere as they are an integral part of the development proposals and the recreation routes and new bridge are only possible due to the

characteristics of the site. The Environment Agency has confirmed that it has no objections to the development subject to the inclusion of appropriate planning conditions. Design This is an outline planning application and all matters (apart from access) are reserved for later approval. However, a Design and Access Statement has been submitted which identifies the constraints and opportunities for the design and layout of the site. The Design and Access Statement includes an illustrative masterplan for the site. However, your Officers consider that the illustrative masterplan would fail to make the most from the opportunities available on this site to deliver a high quality, integrated and sustainable development. This opinion is supported by the Leicestershire Design Review Panel. Discussions have taken place between your Officers and the applicant and their consultants. It has been confirmed that the design details submitted are for illustration only and not for approval at this stage. Further concept masterplans have also been submitted which show different options for the layout and design of the development particularly taking into account the comments of the Design Review Panel. It is considered that the new concept masterplans demonstrate that an appropriate design solution can be found for the development. A condition is proposed requiring the submission and approval of a Design Code for the Development. Biodiversity and Green Infrastructure The submitted documents include an ecological appraisal and a draft Green Infrastructure and Biodiversity Management Plan for the application site and the adjoining land owned by the applicant. The documents and application proposals have been reviewed by Natural England, the Principal Ecologist at Leicestershire County Council, the Project Manager of the Stepping Stones Project and the Senior Conservation Officer at the Leicestershire & Rutland Wildlife Trust. The submitted ecological appraisal demonstrates that there will not be any significant impacts on statutorily protected sites, species or on priority Biodiversity Action Plan habitats as a result of this proposal. The draft Green Infrastructure and Biodiversity Management Plan includes proposals to protect and enhance the site, habitats and wildlife corridors and its landscape character and function as a green buffer. The proposals include the creation of new wildlife habitats and the provision of informal recreational opportunities with enhanced public access and connections across the Soar Valley. As discussed above, the public access improvements and

connections are considered to be a significant benefit which would arise from the development of the application site. A clause in the S106 agreement would ensure that the draft Green Infrastructure and Biodiversity Management Plan is further developed and that the aims of the Plan are delivered as part of the development proposals. The S106 would also ensure that the footpath and cycle network links are provided and retained in perpetuity. Therefore, it is considered that it has been demonstrated that the application proposals can be designed and delivered to help meet the aspirations of the 6Cs Growth Point Green Infrastructure Strategy and to be in accordance with Policy CS19 of the Core Strategy. Historic Environment An archaeological trail trenching evaluation has been undertaken following the results of a desk-based assessment and geophysical survey. The County Council’s Senior Planning Archaeologist has raised no objections to the development subject to the inclusion of a condition requiring a programme of archaeological investigation to be undertaken before development commences. Retailing and Town Centre Uses The NPPF defines Main Town Centre Uses as including retail development, restaurants, bars and pubs, offices and tourism development. The applicant has submitted a sequential assessment and an impact assessment as the application site is located outside of a town centre and the application includes uses which the NPPF defines as main town centre uses. The applicant’s consultants have explained that the visitors’ centre and recreation facilities are intrinsically linked to the proposal for a new brewery on the site. The marquee would be used for up to five food and drink events a year. The office proposals are for the use of Everards and for reasons of efficiency and operational necessity the offices need to be located adjacent to the brewery. The restaurants and brewery tap are also related to use of the site by the brewery and the food and drink production units on the site. The application proposals include retail counters within the food production units for sales of goods produced in the units. The retail areas would occupy no more than 10% of the floor area of each unit. It is considered that the applicant has shown that the town centre uses are an integral part of the development proposals and the nature of these uses is such that they could not be located separately from the proposals within a town centre location. Furthermore, it has been demonstrated that the proposals would not have an adverse impact on future investment and the vitality and viability of nearby town centres. The development proposals include more than 5,000 square metres of Main Town Centre Uses and the development is not in accordance with the development plan. In accordance with the Town and County Planning

(Development Plans and Consultation) (Departures) Direction 1999, the Council must refer the application to the Secretary of State, if it is resolved to grant planning permission for the development. Conclusions In conclusion, the development proposals are generally in accordance with the NPPF. The application proposals would provide economic benefits, particularly new job opportunities in a sustainable location which is accessible by a range of transport modes. There are no objections from statutory and technical consultees. There is a need to identify sites for employment development. Within the District there is insufficient brownfield land to meet this need. Consequently, there is a need to develop Greenfield sites. For the reasons set out in the report, the loss of the Green Wedge in this location would help to meet the need for employment land and mitigate the impact of the loss of the Green Wedge. The development would have an adverse impact on part of the Soar Valley Green Wedge. However, on balance, it is considered that these impacts can be satisfactorily mitigated by the package of measures put forward by the applicant to improve public access through the Soar Valley Green Wedge including improved connections to the national cycle network and by the implementation of a Green Infrastructure and Biodiversity Management Plan. The application is therefore recommended for approval subject to the satisfactorily conclusion of agreements between the applicant and Leicester City Council and The Canals and Rivers Trust to provide public access between the application site and the National Cycle Network Route 6 and subject to conditions and a legal agreement.

APPENDIX 1

Comments of Leicestershire County Council as Highway Authority regarding application 12/0865/1/OX: “Road network The site is located in one of the most important parts of the County strategic road network, accessing onto the heaviest trafficked roads in the county, providing access to Junction 21 of the M1. The road network in the area suffers from congestion in peak hours from commuter traffic and in weekends from traffic associated with the Fosse Park shopping area. Therefore it is important that the transport impacts of the development are considered carefully, to ensure it does not worsen the existing safety and congestion situation in the area. However the impacts have to be “severe” in order for the Highway Authority to recommend refusal (Clause 32 of the National Planning Policy Framework). The Highway Authority has raised the issue of why the existing brewery site could not be re-developed. The relocation of the existing brewery could allow for a future change of the existing site from industrial to retail, as part of any future expansion of the Fosse Park shopping centre. However this does not form part of the current application and cannot be considered at this time, although the implications of any future change of use of the existing site to retail on the highway network are likely to be significant. The site is adjacent to the Leicestershire Police Headquarters to the south with the Grove Park office development and Park and Ride site to the west. The Fosse Park retail area is to the north. It is bounded by Soar Valley Way (A563) and Narborough Road South (B4114). These are high speed roads with 50 mph speed limits, with measured 85th percentile speeds of 53 mph on Soar Valley Way, 250 m east of the new proposed access. Site Access The site is proposed to be accessed by a left turn entry only off Narborough Road South (about 100m north of the Leicestershire Police Headquarter access), and a left in and left out junction on Soar Valley Way, about 50 m west of Grove Way. Policy IN5 of the 6CsDG states that we would normally apply restrictions on new accesses onto A and B class roads for vehicles on high speed roads, roads which are near or at capacity, and roads which have existing safety problems. The applicant has agreed to signalise the access on Soar Valley Way in conjunction with the existing signalised Grove Way junction. This would provide a safe access, as the high speed traffic flow on Soar Valley Way would be stopped to allow traffic from the site to exit. An additional deceleration and turning lane will be provided to allow traffic to enter the site

in accordance with national standards, and there is no evidence that this junction arrangement would create any significant safety concerns. The level of the site is below the road level so construction of the access and new lane will require earthworks to be carried out and loss of part of the existing hedgerow and trees along the site boundary. The access from Narborough Road South is proposed to be a left turn entry only with a deceleration and turning lane. There are no recorded injury accidents in the last 5 years at the Police Headquarters site entry (which is a similar type of left entry only access). Therefore there is no evidence that this type of access would lead to an increase in rear shunt accidents. There is a concern that the new access is only around 100m from the Police Headquarters site entry and this may lead to confusion for drivers unsure of the correct exit. However the there is no evidence that this will lead to an unacceptably high risk of accidents, and it can be mitigated by providing clear signage at the Everards Roundabout. The new access from Narborough Road South will remove an existing layby. This layby is provided to allow drivers to take a short break, however during the day it is often used for overspill long term parking by staff at the Police Headquarters and nearby offices. Removal of this layby will force parking into other areas, and the new parking areas created as part of the development will need to be managed to prevent their use by this displaced parking. Accident record There are a number of complex, multi-laned junctions in the vicinity at which accidents occur mainly through merging and turning manoeuvres. Due to the complexity of the road network in the area and the high traffic numbers, it can be difficult for drivers to position themselves in the correct lane early enough to avoid last minute lane changes. Of most concern to the highway Authority is the impact on the Everards roundabout (B4114/A563 junction) which suffered 40 accidents from 2007-2011 (39 slight, 1 serious). The accident record at the other junctions in the areas is either being addressed by improvements (e.g. Lubbesthorpe Way/Penman Way), or is not considered to indicate a specific safety concern sufficient to justify improvements at this time. Safety improvements to the Everards Roundabout have recently been carried out, and there are currently no further proposals to improve the junction. The Highway Authority is unable to demonstrate that the additional impact of traffic from the development on this already very busy junction, will lead to an unacceptably high risk of accidents. Therefore, there is no case to resist the development on this basis. Site connectivity The site is not well connected to the existing activities in Fosse Park as it is severed by Soar Valley Way. Fosse Park is distant to the site (most of the

parking areas are over 800 m from the site facilities), and it is an unattractive walking route, with busy roads, delays in crossing the roads, and no points of interest along the way. In addition the evening/night-time nature of the restaurant and pub activities, make a journey in the dark more likely. Consequently it is believed that there is little likelihood of shoppers parked in Fosse Park walking to the site. The proposal does little to improve the sustainable nature of Fosse Park, which could be achieved by re-development of the existing site. However, the site can be considered as well connected to buses (about 400 m walking distance to a regular service on Narborough Road South) and well linked to the existing cycleway on Narborough Road South, which connects to Cycle Route 6. The proposed new link across the Soar River appears unlikely to be lit or tarmacked, and parts are likely to be submerged on occasion as the route passes through the flood plain. This means the link is of limited benefit to commuter cyclists and will be primarily for recreational users. There are also further agreements to secure, to ensure that the link can be delivered, as it goes over land outside the applicant’s control. It is unlikely that the link will be offered for adoption by the Highway Authority and unlikely that it would be constructed to a suitable standard for adoption. Its status would need to be determined as part of any future detail planning application. Impact of development traffic on the road network The Transport Assessment (TA) submitted by the applicant has considered the impact of the development traffic on the road network at the peak weekday times of 0800 to 0900 and 1700 to 1800. Due to the proximity of the site to the Fosse Park retail area there is also a traffic peak on Saturday around 1100 to 1200. This has not been considered in the TA, and this is considered to be reasonable, as the traffic flows generated by the site are much less than in the pm weekday peak. There is very little traffic generated by the office and brewery use and the food production in the weekend, and the trips to the pub are around a third of the pm peak and the restaurant just over half of the pm peak. Therefore the impact of the development at the weekend peak is expected to be very small compared with the impact at the weekday pm peak. The TA has demonstrated that the development does not generate high numbers of trips at peak times, particularly when compared to the existing traffic flows. The pub and restaurant uses generate no trips in the morning peak (0800 to 0900). The peak hour for restaurant trips is generally 2000 to 2100, which is outside the evening network peak (1700 to 1800), and when background traffic levels have dropped significantly. That only leaves the peak hour for pub trips which coincides with the evening peak hour. The existing brewery and office use, and food production use do not generate high numbers of trips. The TA has made an assumption 50% of the trips for the pub and restaurant are passer-by trips i.e. they are already on the network. This assumption appears to be reasonable given the high traffic volumes in the area and is

difficult to dispute. This assumption further reduces the new trips generated by the site.

The maximum number of trips generated at peak times is estimated at 229 trips at the Soar Valley Road exit at the pm peak hour. While this appears significant it compares to existing flows on Soar Valley Road in 2026 which are estimated in the traffic model at around 1800 in the peak hour. An analysis of the 3 nearest junctions at 2026 using LINSIG has been carried out to check the impact of the development on their capacity. It appears that the capacity in the evening peak (and Saturdays) for the Everards roundabout and Grove Way junction will be reduced, but some spare capacity will be retained. The worst case is the 2026 evening peak, which shows that the additional traffic from the development at the Everards roundabout will take the junction to capacity, however the average increase in queuing is about 5 vehicles and the overall impact is not severe. It should be noted that the impact of traffic on the Everards roundabout is lessened by the mitigation works to be carried out as part of the Lubbesthorpe development (approved in 2013). To check the impact at the time the site is fully complete, without the mitigation works from Lubbesthorpe, a further assessment of the Grove Way junction and Everards roundabout was undertaken in 2018. This also indicated that the impact of the development traffic was not significant enough to justify a recommendation of refusal, with a maximum increase in queuing at the morning peak of 11 vehicles over 2 lanes on the Soar Valley Way westbound approach. Other approaches have an increase in queuing of 2 to 3 vehicles. The development will have a minor adverse impact on the performance of the highway network in the area in terms of queuing and delays. In such an important location this impact does lead to concerns, however based on the evidence provided the Highway Authority is unable to justify any contribution from the developer to co-ordinate the operation of the junctions in the vicinity, such as a SCOOT (Split Cycle Offset Optimisation Technique) system. Parking The Highway Authority has raised concerns with the level of parking provision, particularly regarding events in the marquee and how overflow parking will be accommodated. There would be significant safety concerns should traffic queue back into Soar Valley Way and Narborough Road South. However a car parking accumulation study has indicated that the provision of 186 spaces, including 12 disabled spaces, would be acceptable. Provision of twenty cycle racks has been proposed in the TA, however the final numbers will have to be determined as part of measures in the Travel Plan.

A preliminary car-parking management plan has been submitted and concerns have been raised with a lack of detail on measures to be taken if demand exceeds supply, how the overflow parking will be managed for events in the marquee, and where it will be located. We are also concerned that parking up to 5 hours would be allowed as this would enable part-time employees at Fosse Park to park, and also, potentially, shoppers. The plan appears to imply that the car park would not be policed at weekends and this would need reconsidering, as this is when there would be most pressure on parking at Fosse Park, especially in the run-up to Christmas. However, these issues can be dealt with by imposing a suitable condition requiring that prior to first use of the development, a car park management plan should be approved by the Highway Authority and the Planning Authority. Adoption of areas within the site by the Highway Authority It is anticipated that the internal road network and parking areas within the site would remain private.

Contributions Public Transport

To comply with Government guidance in NPPF the following contributions would be required in the interests of encouraging sustainable travel to and from the site, achieving modal shift targets, and reducing car use as follows: 1. Travel Packs; one per employee, to inform employees from first

occupation what sustainable travel choices are in the surrounding area (can be supplied by LCC at £52.85 per pack).

2. 6 month bus passes, one per employee (application form to be included in Travel Packs and funded by the developer); to encourage new employees to use bus services, to establish changes in travel behaviour from first occupation and promote usage of sustainable travel modes other than the car (can be supplied through LCC at (average) £325.00 per pass – NOTE it is very unlikely that a development will get 100% take-up of passes, 25% is considered to be a high take-up rate).

3. New/Improvements to 2 nearest bus stops (including raised and dropped kerbs to allow level access); to support modern bus fleets with low floor capabilities. At £3263.00 per stop.

4. Contribution towards equipping the nearest suitable bus route with Real Time Information (RTI) system; to assist in improving the nearest bus service with this facility, in order to provide a high quality and attractive public transport choice to encourage modal shift. @ £2700.00 (Breakdown as follows - £300 per ETM {Electronic Ticket Machine} upgrade cost, for nearest suitable bus service, x 8 buses {based on PVR data for 50/50A Bus service} = £2400, plus £150 per Information Point sign {non-electronic display}, x 2 signs =£300).

Travel Plan This recommendation of approval is provided on the assumption that a S106 Agreement is entered into to secure a monitoring fee of £11,337 to enable Leicestershire County Council to provide support to the developers Travel Plan Co-ordinator; audit annual Travel Plan performance reports to ensure Travel Plan outcomes are being achieved and for it to take responsibility for any necessitated planning enforcement.

Conditions 1. Prior to first use of the development the access to the site from

Narborough Road South shall be constructed in general accordance with plan no. 0455-GA-01 rev. B. As part of the detailed design an appropriate safety audit shall be produced and submitted to the Highway Authority.

Reason: To ensure a satisfactory access to the site 2. Prior to first use of the development the access to the site from Soar

Valley Way shall be constructed in general accordance with plan no. 0455-GA-01 rev. B, with the addition of traffic signals to the exit, to be designed in combination with the existing signals at the Grove Way junction. As part of the detailed design an appropriate safety audit shall be produced and submitted to the Highway Authority.

Reason: To ensure a satisfactory access to the site 3. A total of 186 car-parking spaces, including 12 disabled spaces, shall be

provided within the site for parking and shall be maintained and kept available for use in perpetuity. All details of the parking are to comply with the standards in the 6CsDG.

Reason: To ensure adequate parking is provided on site to accommodate the expected level of demand

4. No part of the development as approved shall be brought into use until

details of an updated Framework Travel Plan has been submitted to and agreed in writing by the Local Planning Authority. The Plan shall address the travel implications of the use of the whole site as if the development approved were to have been fully completed and occupied.

The Plan shall specify facilities and measures with measurable output

and outcome targets designed to:

• Reduce single occupancy vehicle use, reduce vehicular travel at peak traffic times and reduce vehicle emissions for journeys made for all purposes to and from the developed site;

• Increase the choice and use of alternative transport modes for any journeys likely to be made to and from the developed site and, in particular, to secure increases in the proportion of travel by car sharing, public transport use, cycling and walking modes and the use of IT substitutes for real travel;

• Manage the demand by all users of the developed site for vehicle parking within and in the vicinity of the developed site.

The Plan shall also specify:

• The on-site Plan implementation and management responsibilities, including the identification of a Travel Plan Co- ordinator;

• The arrangements for regular travel behaviour and impact monitoring surveys and Plan reviews covering a period extending to at least one year after the last unit of development is occupied or a minimum of 5 years from first occupation, whichever will be the longer;

• The timescales or phasing programmes for delivery of the Plan’s proposals and for the achievement of the specified output and outcome targets; and

• Additional facilities and measures to be implemented if monitoring shows that the Plan’s targets are not likely to be met, together with clear trigger dates, events or threshold levels for invoking these measures.

The Plan, once agreed, shall be implemented in accordance with the approved details, and thereafter, the implementation of the proposals and the achievement of targets of the Plan shall be subject to regular monitoring and review reports to the LPA and, if invoked, to the implementation of the specified additional measures. Reason: To improve the sustainability of the site and reduce dependence on car travel

5. Prior to first occupation of the site a Carpark Management Plan,

including arrangements to deal with overflow parking for events in the Marquee, and prohibit parking by other users such as shoppers and employees of adjacent businesses and organisations, shall be submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority. The carpark shall thereafter be managed in accordance with the approved measures in the Plan.

Reason: To ensure the carpark accommodates the parking demand within the site without creating problems on the adjacent road network

6. No development shall commence on the site until such time as a

construction traffic/site traffic management plan, including wheel cleansing facilities and vehicle parking facilities, and a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and timetable. Reason: To reduce the possibility of deleterious material (mud, stones etc) being deposited in the highway and becoming a hazard to road users, and to ensure that construction traffic/site traffic associated with the development does not lead to on-street parking problems in the area.

7. All details of the proposed development shall comply with the design standards of the Leicestershire County Council as contained in its current design standards document. Such details must include parking and turning facilities, access widths, gradients, surfacing, signing and lining (including that for cycleways and shared use footway/cycleways) and visibility splays and be submitted for approval by the local Planning Authority in consultation with the Highway Authority before development commences. Reason: To ensure a satisfactory form of development and in the interests of highway safety.

8. Before first use of the development hereby permitted, drainage shall be

provided within the site such that surface water does not drain into the Public Highway and thereafter shall be so maintained. Reason: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to highway users.

9. Before the development hereby permitted is first used, cycle parking

provision shall be made to the satisfaction of the LPA and once provided shall be maintained and kept available for use in perpetuity. Reason: In the interests of the sustainability of the development and to encourage alternative transport choice.

10. No development shall commence on the site until such time as a

construction traffic management plan, including wheel cleansing facilities and vehicle parking facilities, and a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and timetable. Before first use of the development 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 (mud, stones etc) being deposited in the highway and becoming a hazard to road users, and to ensure that construction traffic traffic associated with the development does not lead to on-street parking problems in the area.

Notes to Applicant The Developer will be required to enter into an agreement with the Highway Authority under Section 278 of the Highways Act 1980 for works within the highway and detailed plans shall be submitted and approved in writing by the Highway Authority. The Section 278 Agreement must be signed and all fees paid and surety set in place before the highway works are commenced. The Highway Authority will serve APCs in respect of all plots served by (all) the private road(s) 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 3057198. Signs should be erected within the site at the access advising people that the road is a private road with no highway rights over it.” ____________________________________________________________________________________________________________________________

Mr Stephen Fox Installation of ground source heat pump in field to rear of The Wick and erection of 1.8 metre high fence adjacent to Huncote Road

13/0362/1/PX Registered Date 14 May 2013

The Wick, Huncote Road, Croft Report Author and Contact Details: Kristy Ingles, Planning Delivery Team Leader, Council Offices, Tel: 0116 272 7565 RECOMMENDATION PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: 1. Standard 3 year condition. 2. Application relates to amended description. 3. Existing hedge delineating the rear garden boundary of The Wick to be

retained in perpetuity. 4. Application site to not be used as residential garden. 5. 1.8 metre high fence to be positioned behind existing vegetation. NOTES TO COMMITTEE Policy National Planning Policy Framework (March 2012) Blaby District Local Plan (Core Strategy) 2013 Policy CS2 – Design of New Development Policy CS18 – Countryside Policy CS21 – Climate Change Blaby District Local Plan (1999) Policy C2 – Other Development in the Countryside Consultations Croft Parish Council - Has no observations to make on this application. Principal Ecologist at Leicestershire County Council - Has no comments. Senior Planning Archaeologist at Leicestershire County Council - Has advised that no archaeological work is required. Representations 3 representations have been received raising objections to the development

on the following grounds:

- the change of use of the land is inappropriate and would allow for the possibility of further development in the future;

- the occupants of Netherby House have access rights over the application site to a stable;

- there has been no discussions regarding maintaining access; - the completed application form includes errors regarding trees,

hedgerows and the visibility of the site from public land; - interested parties were not consulted before the planning application

was submitted; - the removal of trees and shrubs and the erection of a stock proof wire

fence would remove all the privacy for the occupants of Netherby House;

- the boundary with Netherby House is not correctly shown; - the access between The Wick and Netherby House was laid out to give

access to the field without damage to trees, shrubs and boundary posts.

A letter has also been received from the applicant’s solicitors disputing the alleged rights of access over the land. Relevant History The application site has no planning history. However, on the adjacent land the following applications are considered to be of relevance: Land adj to Stanway, Stanton Lane 12/0378/1/PY Construction of new vehicular access and Approved gate, creation of pond and installation 19.06.2012 of underground pipework to serve ground source heat pump The Wick, Huncote Road 07/1046/1/PXCS Demolition of existing dwelling and garage Approved and erection of a replacement dwelling 07.01.2008 (Revised Scheme) 06/0751/1/PX Demolition of existing dwelling and garage Refused and erection of a replacement dwelling 18.10.2006 (revised scheme) 06/0378/1/PX Demolition of existing dwelling and garage Application and erection of a replacement detached withdrawn dwelling

EXPLANATORY NOTE The Proposal The Wick, Huncote Road, Croft is a newly built two storey detached dwelling. This application seeks permission for the installation of a ground source heat pump in the field to the rear of The Wick and the erection of a 1.8 metre high fence adjacent to Huncote Road. The application originally included the change of use of the land to the south of The Wick and part of the field to the rear of the property to residential curtilage. However, during discussions with the applicant it became clear that no change of use is involved. The existing trees and woodland area to the south of the property would be retained. The land to the rear would be retained as a meadow and not used as a residential garden. The 1.5 metre high livestock wire fence proposed is permitted by the General Permitted Development Order and therefore no separate grant of planning permission is required. Planning Considerations The application site is located within Countryside as shown on the proposals map of the Blaby District Local Plan (BDLP) (1999). After the installation of the ground source heat pump the land would be returned to the existing ground levels. The land would retain a rural appearance and would not have the appearance of becoming a domestic garden. The 1.8 metre high close boarded timber fence proposed adjacent to Huncote Road can be positioned behind the existing hedgerow and vegetation to ensure that it would not be prominent within the street scene. Overall it is considered that the development would not harm the character and appearance of the countryside and the proposal is in accordance with Policy C2 of the BDLP (1999) and Policies CS2 and CS18 of the Core Strategy The NPPF states that local planning authorities should approve applications for energy development if its impacts are acceptable. Core Strategy Policy CS21 states that renewable and low carbon energy will be supported where it meets the specified criteria. The ground source heat pump would not impact on residential amenity and no objections have been received from technical consultees. It is therefore considered that the development would be in accordance with Policy CS21. Matters raised in representations relating to boundary disputes, covenants and other property rights are private legal matters and are not material considerations in the determination of this planning application.

The application is recommended for approval subject to the specified conditions. The conditions would ensure that the application site remains rural in appearance, and does not become part of an enlarged garden area for The Wick. ____________________________________________________________________________________________________________________________

13/0363/1/HPX Registered Date

16 May 2013

Mr & Mrs Sturgess First floor side extension - 3 Lovelace Crescent, Elmesthorpe

Report Author: Joe Mitson, Planning Consultant Contact: Kristy Ingles, Planning Delivery Team Leader, Tel: 0116 272 7565 RECOMMENDATION Approve subject to the following conditions:

1. Statutory time condition – 3 years. 2. Materials as specified in the application. 3. Permission relates to specified plans. NOTES TO COMMITTEE Policy National Planning Guidance National Planning Policy Framework (2012) Blaby District Local Plan (Core Strategy) Development Plan Document (February 2013) Policy CS2 – Design for new development Blaby District Local Plan (BDLP) Policy R1 – Primary Residential Areas Consultations Elmesthorpe Parish Council – Has no observations to make. Representations 1 letter of objection has been received. The letter raised the following issues:

• Approval will effectively render the solar panels on 5 Lovelace Crescent useless following the severe degradation of the panels performance following the proposed extension and the panels would never achieve the payback within the expected 25 years life of the panels;

• The extension would reduce the full solar exposure of the panels installed on no. 5 by more than 50%, 283 days per annum of full solar exposure would be reduced to 140 and there would be an increase in the partial shading to a maximum level of approximately 60% over an

increased period of 225 days from the 82 days and the current maximum of 30%, an increase of 175% increase in the number of shaded days per annum and a doubling of the level of shade;

• The extension will severely reduce the energy production of the solar panels and the approval of this application would be seen as contrary to initiatives that promote the care of the environment.

Relevant History None relevant. EXPLANATORY NOTE The Proposal This application comprises the erection of a first floor side extension. The addition would be sited above the flat roof garage in an approximate L shape with the main element having a footprint of 5.3 metres in width and 4.5 metres in depth and would accommodate a bedroom. The rear projecting extension would accommodate a bathroom and would have a footprint of 2.5 metres by 2.2 metres. The extension would comprise two shallow pitched roofs and a blank elevation to the side facing no. 5. The application site is located on the eastern side of Lovelace Crescent within the built up area of the village and is surrounded by residential properties of a similar character and appearance. Planning Considerations Section 38 (6) of the Town and Country Planning Act,1990, requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. This section of the report will first consider the proposed development against the policy background and then consider any other material considerations. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local policies expressed through the Development Plan. Key themes in the case of this application are the protection of the built environment and improving the conditions in which people live. National Planning Guidance This national policy framework establishes the key principles for proactively delivering sustainable development through the development plan system and the determination of planning applications. It suggests that in decision making this means approving development proposals that accord with the development plan without delay and where the development plan is absent, silent or relevant policies are out of date, to grant permission unless:

• Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole; or

• Specific policies in the NPPF indicate development should be restricted.

This proposal relates to the extension of a dwelling within the built up part of the settlement which accords with the general thrust of national planning policy. DEVELOPMENT PLAN Blaby District Council (Core Strategy) Development Plan Document (2013) The adopted Core Strategy (February 2013) is now part of the Development Plan for the District of Blaby and the following policies are relevant to the proposed development: Policy CS2 – Design of New Development Policy CS2 seeks to ensure that a high quality environment is achieved in all new development proposals, respecting local distinctive character and the design of new development should also be proportionate to its context. Your Officers consider that this scheme, by reason of size, scale and design respects the context of the local area and accords with Policy CS2. Blaby District Council Plan (1999) Although the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) has been adopted, a number of policies from the Blaby District Local Plan (1999) continue to be saved. The following policy is of relevance to this application: Policy R1 – Residential Development within Primarily Residential Areas The site is located within the settlement boundary of Elmesthorpe which is an acceptable location for residential based development. In principal, your Officers consider that the development will accord with Policy R1 and will not be significantly out of keeping with the character of the area nor will it be significantly detrimental to the amenities of adjoining occupiers when weighed against the presumption in favour of sustainable development, as expressed in both the NPPF and the adopted Core Strategy. Other Material Considerations Planning applications must be determined in accordance with the provisions of the Development Plan unless there are material considerations which indicate otherwise, and whether those material considerations are of such

weight that the adopted policies of the Development Plan should not prevail in relation to any proposal. In addition to the policy considerations set out above, there are two substantive material considerations that relate to the development of this site, which are:

- Design; - Residential Amenity.

Design The proposal comprises a relatively modest addition to the dwelling to provide an additional bedroom and bathroom. Although the design is not considered to be ideal the size and scale of the proposal are subordinate to the existing dwelling and the visual impact of the extension would be reduced by virtue of the significant setback from the façade. Furthermore, the proposal would occupy part of the existing flat roof and would not extend the full extent of the existing side projection. On balance your Officers do not consider the extension would materially impact upon the character or appearance of the dwelling or street scene. Residential Amenity The extension would take the first floor element of the dwelling closer to the side elevation of the neighbouring property, no. 5. However, the extension would be significantly set off the boundary and would incorporate a blank wall. Furthermore, the depth of the extension would be limited and would be significantly less than the existing depth of the side elevation. Although additional first floor windows would be introduced on the rear elevation this would only mirror the existing relationship between the host dwelling and neighbouring properties and would not have an undue adverse impact in terms of overlooking or loss of privacy. The dwellings to the rear are set a significant distance from the rear elevation of the host property and the dwellings to the west are separated by the highway. Your Officers consider that the extension would not result in loss of privacy or be overbearing. No. 5 Lovelace Crescent has an array of solar panels on the southern roofslope and the occupier of that property has objected on the grounds that the resultant loss of sunlight from the construction of the proposed extension would impact upon the performance of the panels in energy generation. Whilst this is noted, and any such impact would be regrettable, it is not considered that the proposed extension could reasonably be resisted on such grounds. The issue of residential amenity relates to the impact of an extension in terms of loss of privacy, overlooking, loss of light or overbearing impact and the degree of harm caused by any of these factors on the enjoyment of that property by the occupiers. Although the proposal may impact on the effectiveness of the solar panels, the panels themselves are not

intrinsically linked to the enjoyment of the property as such and therefore cannot be considered as a material consideration in terms of residential amenity. As such, your Officers do not consider the application can be refused on the issue of residential amenity. Conclusion There are two key issues in the determination of this application, namely the currently policy position and any other material considerations. The policy position is that the property lies within the built up part of Elmesthorpe where the principle of domestic extensions is acceptable. The proposal would not be harmful to the character or appearance of the site, street scene or locality. In addition, although the impact on the solar panels on the neighbouring property is unfortunate, it is not considered a reason to refuse the application and the proposal would not adversely impact upon the residential amenities of occupiers of nearby properties. Accordingly this application is recommended for approval subject to the proposed conditions. ____________________________________________________________________________________________________________________________

13/0399/1/PY Registered date Miss A Tallis 28 May 2013 Erection of one agricultural

livestock building – Messengers Barn, Red Hill Farm, Hinckley Road, Sapcote

Report Author and Contact Details: Debra Harrison, Development Control Officer, Council Offices - Tel: 0116 272 7564 RECOMMENDATION Approval subject to the imposition of the following conditions: 1. Statutory outline condition 2. Materials as specified on application form NOTES TO COMMITTEE POLICY National Planning Policy Framework Blaby District Local Plan (Core Strategy) Development Plan Document (Adopted February 2013) Policy CS18 Countryside Blaby District Local Plan (1999) Policy C1 Agricultural Buildings in the Countryside CONSULTATIONS Sapcote Parish Council - Awaiting comments

Representations No representations received. Relevant History No planning history. EXPLANATORY NOTE The Proposal This application seeks planning permission for the erection of an agricultural barn within the agricultural holding of Red Hill Farm, which is located within

the Parish of Sapcote. The proposed agricultural barn will be located towards the rear of a field located off Hinckley Road. The field has an existing access point onto Hinckley Road, which will serve the proposed development. Policy C1 of the Blaby District Local Plan (1999) allows the development of agricultural buildings within the countryside providing the development would have a satisfactory relationship with nearby uses. Policy CS18 of the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) goes on to state that built development within the countryside should not have a significantly adverse effect on the appearance or character of the landscape. The proposed barn is “roundhouse” in style and will be located within the rear north eastern corner of the field. The barn has a diameter of approximately 32 metres and measures 4.1 metres to the eaves. At its highest point the barn will measure approximately 8.5 metres. The roof to the barn will be a pvc coated polyester fabric, finished in matt olive green. The colour of the roofing material will help the proposed development blend into the open countryside location. A perimeter track of hardcore will run around the edge of the barn. The proposed barn is an acceptable use within the countryside and will not detrimentally impact on the amenity of any neighbouring properties or uses. Whilst the barn will be a visible feature within the countryside, it is not considered that it will impact on the character or appearance of the countryside. The nearest property to the application site, which is not within the ownership of the applicant is over 450 metres away from the site, therefore the proposed development will not result in any adverse impacts to neighbouring uses. The proposed barn will be accessed via an existing track into the field, which has adequate visibility onto Hinckley Road and is considered acceptable. In summary, the proposed development is considered to be an acceptable use within the countryside, which will not result in any detrimental impacts on neighbouring properties or uses and will not impact on the character or appearance of the countryside. The access to the site is via an existing track which is in use by the applicant and is considered acceptable. ____________________________________________________________________________________________________________________________