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Planning Committee Report

Applicant: Brackley Property Development Limited and Vanguard R Houghton Application Ref: 19/00856/OUT Location: Broughton Astley Golf Complex, Coventry Road, Broughton Astley, Leicestershire Proposal: Outline application for mixed use development comprising B1 offices, B2 general industry, B8 storage and distribution, A3 cafes and restaurants, D1 uses including health care and a children's nursery and D2 leisure uses with associated vehicular access, parking, landscaping and surface water balancing (access to be considered) Application Validated: 31.05.2019 Target Date: 30/08/2019 Extension of time Agreed. Consultation Expiry Date: 20/03/2019 and 09/10/20 Site Visit Date: Various visits including 12/06/19 and 14/10/20 Case Officer: Joanne Roebuck Reason for Committee Decision: Call-in by Councillor Dann because of concerns about scale of development and highway impact.

Recommendation

Planning Permission is APPROVED, for the reasons set out in the report and subject to the Planning Conditions and S106 obligations set out in Annexe A and Annexe B of this report.

1. Site & Surroundings

1.1 The application site is located on the western fringe of the District close to the boundary

with Blaby District Council. It is an overgrown, irregularly shaped piece of land which lies to the north of Coventry Road from which there is a single point of access diagonally opposite the junction of Coventry Road with Broughton Way. There is an established tall hedge on the Coventry Road frontage, with intermittent hedging defining the rear and side boundaries of the site. There is a wide grass verge between the carriageway and the hedgerow along most of the Coventry Road frontage.

1.2 The main built up part of Broughton Astley lies to the south-east of the site, with Sutton

in the Elms being located to the north and north-east. The land to the north between the site and Sutton in the Elms has extant planning permission for a golf course which has been commenced but not completed. The land to the west between the site and the B4114 also benefits from the same extant permission. However, the land directly to the west of the site was also granted permission for a peak power generating plant in 2017, albeit that this permission has now lapsed.

1.3 A public footpath (W48) linking the main settlement of Broughton Astley and the

subsidiary settlement of Sutton in the Elms lies to the north and east of the site. This

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footpath passes through an area of separation designated in the Broughton Astley Neighbourhood Plan to retain the distinct identity of Sutton in the Elms.

1.4 The levels on the site are very varied as a result of previous earth-moving activities, but much of the site is currently considerably higher than the level of Coventry Road.

1.5 The Neighbourhood Plan designates the site as an employment area (EMP1).

Figure 1: Site Location

Figure 2: View from West on Coventry Road (Site to the Left Hand Side of Image)

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Figure 3: View of Site Frontage from South-west

Figure 4: View towards Site from Public Footpath to the North-east

Figure 5: View Looking East from Within Site Showing Varying Levels

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Figure 6: View from Existing Access showing Increase in Ground Level within the Site

2. Site History

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2.1 18/01459/SCR: Screening opinion for development of land for employment. Concluded that an Environmental Impact Assessment was not required.

2.2 99/00159/FUL:| Engineering works for the formation of golf course and driving range

and formation of new site entrance. Approved 14.04.99. 2.3 90/00821/3P: Erection of clubhouse and construction of golf course and parking area.

Approved 16.07.90. 2.4 90/00011/3P: Use of land as golf driving range and pitch & putt course, siting of

portakabin as office and construction of car park & access. Approved 02.03.90.

3. The Application Submission

a) Summary of Proposals

3.1 The current application has been submitted in outline but with access to be considered. 3.2 The application has been amended since the original submission, primarily as a result

of highway matters. The key changes to the illustrative masterplan are the deletion of one of the originally proposed access points off Coventry Road with resultant amendments to the internal layout. The single remaining access point to the site has also changed position and will be approximately halfway along the frontage to the west of the existing electricity poles.

Figure 7: View Towards Proposed Site Access

3.3 Off-site highway improvements at the junction of the B581 and B4114 are also now

proposed as an integral part of the scheme. For the purposes of clarification, the B4114 is the road to the west of the site which runs between Sharnford in the south and Narborough in the north, and the B581 is a road which crosses the B4114 via a staggered junction between Broughton Astley in the east and Stoney Stanton in the west. This junction is outside Harborough District, but directly related to the development.

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3.4 The proposal is for a mix of commercial, retail and leisure uses comprised in Use Classes B1 (Offices), B2 (General Industry), B8 (Storage and Distribution), A3 (Cafes and Restaurants), D1 (including Health Care and Children’s Nursery) and D2 (Leisure Uses). Although these use classes have recently changed, the government has stated that any application submitted before the changes came into effect should be determined as submitted with reference to the old use classes.

Figure 8: Proposed Illustrative Masterplan

3.5 The proposed Masterplan broadly splits the site into two parts, with smaller units to the

east of the site and larger units to the west. The smaller units would accommodate the office, café/restaurant, health care/children’s nursery and leisure uses, whilst the larger units would accommodate the general industrial and storage/distribution uses. A balancing pond is proposed at the extreme west of the site. Car parking and turning facilities are provided adjacent to each unit, with landscaping proposed between units, alongside frontages to the access road, and around the perimeter of the site as a whole. No specific provision is made for cycle storage at this stage, but is mentioned in the Framework Travel Plan and would be expected to be an integral part of future detailed submissions as referred to in the Highway assessment part of this report.

3.6 The submitted Planning Statement makes the following key points:

• The development proposals have been discussed at various meetings with the District Council and Parish Council, in particular to make sure they complied with policies in the Neighbourhood Plan.

• The submitted indicative master plan shows the following indicative mix of uses:

o 9,847 square metres (106,000 square feet) of industrial floorspace;

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o 2,322 square metres (25,000 square feet) of office floorspace; o 1,486 square metres (16,000 square feet) of restaurant floorspace; o 2,415 square metres (26,000 square feet) of leisure development floorspace; o 929 square metres (10,000 square feet) of healthcare floorspace: and o A 372 square metre (4,000 square feet) nursery development.

• The application proposes the development of the site with a mix of uses that are entirely compliant with the provisions of policy EMP1 of the BANP, together with surface water attenuation, landscaping, parking and highways infrastructure. It is therefore concluded that the principle of the development proposed is acceptable.

• The analysis contained in the Transport Assessment and the addendum has been

the subject of extensive pre-application discussions and negotiations with Leicestershire County Council and modelling using the Leicester and Leicestershire Integrated Transport Model (LLlTM). The addendum considers the impact of the development on the capacity and operation of a number of junctions within the local highway network. The two junctions which are most impacted by the development proposals are currently being improved to mitigate the impact of current housing developments. Further mitigation measures are proposed at the B4114/B581 junction as part of this proposal. Overall, the development proposals would not materially change the traffic conditions in the area and the development proposals’ impact would not be severe. Accordingly, the highway impact of the scheme is in accordance with the guidance set out in paragraph 109 of the Framework and Policy IN2 of the adopted Local Plan.

• The land has been assessed for ecological interest by consultants FPCR and a copy of their interim findings is included in the planning submission. Further protected species surveys have been carried out on site, and none of these represent a significant constraint to the development. In relation to ecology, the proposal is considered to comply with the guidance set out in the Framework, the development plan and the requirements of Policy GI5 of the adopted Local Plan.

• The application is accompanied by a detailed Landscape and Visual Appraisal which concludes that the application site and receiving landscape have the capacity to accommodate the proposal successfully and with limited adverse impact on the wider landscape character of the area. The impact of the proposal is in accordance with by Policy GD5 of the adopted Local Plan and Paragraphs 170-172 inclusive of the Framework.

• The planning application is accompanied by a comprehensive Flood Risk Assessment and Drainage Strategy which demonstrates that the application site is not at significant risk of flooding and that the development would not give rise to flood risk elsewhere. The development would discharge reduced rates of surface water run-off due to the use of the proposed attenuation basin that is shown on the submitted master plan. The development would comply with the guidance set out in the Framework, the development plan and the requirements of policy CC4 of the Local Plan.

3.7 The submitted Design and Access Statement makes the following key points:

• The scale and massing of the employment buildings have been influenced by the site’s setting within the wider context in order to minimise visual impact.

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• The industrial and logistics sectors expect minimum clear heights based on a floor space ratio. These are reflected in the ridge heights indicated on the Parameters Plan. Minimum internal clear heights would range from 7.5m to 12.5m to suit internal operations.

• The assumed scale for the office buildings is generally considered to be two storeys. The general pattern of ridge heights would be 12m as defined on the parameters plan. A similar criterion would dictate the heights for the leisure and healthcare plots.

• Possible options to mitigate the visual impact from the heights of the buildings could be to use curved roof profiles, which can be divided into smaller bays for the larger buildings.

• The ground floor finished floor levels range from 82.500 ADD to 92.000 ADD.

• The intention with regards to use of materials is aimed at achieving a quality modern built environment. It is currently intended that the materials will be selected in keeping with, and appropriate for, the characteristics of the building uses i.e. profiled, built up wall and roof cladding systems, steel sectional overhead doors, polyester powder coated aluminium doors, windows and curtain walling to the industrial units. The commercial and leisure units would utilise a combination of facing brick and flat panel cladding systems with aluminium curtain walling to promote a modern aesthetic. The elevations would be articulated with the choice brick and cladding orientation and colour. The bituminous macadam car park will be defined by BS pre-cast concrete kerbing and marked out with white thermoplastic lining. The service yards and building perimeter footways will be of reinforced concrete whilst the paved areas in front of the office entrances will be paved in concrete blocks.

• The proposals seek to retain the existing dense vegetation along the frontage of the site. This boundary can be enhanced with additional trees and provision for shrub planting.

• Careful assessment of the site levels has been undertaken to ensure that the buildings sit within the landform and landscape, whilst also having regard to achieving satisfactory access (See Figure 9).

Figure 9: Indicative Site Sections

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• The landscape strategy aims to retain existing landscape features where appropriate including the hedgerows and trees. Site appropriate stand-offs will be maintained between trees/hedgerows and development/earthworks.

• The landscape scheme seeks to improve the biodiversity of the site from its current state with significant areas of native woodland planting, meadow grassland, wetland, wildflower areas. Measures to increase the biodiversity value will be incorporated into the development proposals to:

o Focus on the conservation and reinforcement of the existing planted boundaries and robust new planting within the development site where appropriate.

o Deliver habitat enhancement through the creation of potentially valuable habitats in the form of grassland, hedgerow and woodland areas.

• A clear identity is formed for the two halves of the site - the industrial elements to the west and office, restaurant, café and leisure uses to the east. The centralised access point helps to control the type of vehicular traffic leading to a clear split for the designated uses around the site.

• Pedestrian and cycle access will also be provided off Coventry Road towards the south of the site linking to pedestrian routes from Broughton Astley and the surrounding areas. The provision of pedestrian links between the industrial and commercial plots have also been considered to promote ease of access between the two areas.

• Energy efficiency measures are intended to be incorporated into the design of the development including: o High efficiency office lighting including stairs and toilet areas

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o PIR Controls with daylight dimming to all office areas including daylight dimming where natural light is available

o Ventilation to the office area is to be assumed mechanical ventilation from localised heat recovery units

o Hot water generation by standalone hot water heaters, supplied from air source heat pumps where required

o Low flush volume WCs and low water use spray taps o LED lighting to car park areas with external lighting fittings selected to restrict

light pollution o Regionally sourced landscape planting & responsibly sourced timbers

b) Documents submitted

i. Plans

3.8 The application has been accompanied by the following plans: Location Plan as shown in Figure 1.

Illustrative Masterplan as shown in Figure 8. Landscape Strategy as shown in Figure 14. Proposed Access Arrangements as shown in Figure 15. Proposed Improvements at Junction of B4114 and B581 as shown in Figure 16.

ii. Supporting Statements

3.9 The following documents have been submitted in support of the application:

• Planning Statement

• Design and Access Statement

• Transport Assessment and Associated Surveys and Mitigation Measures

• Framework Travel Plan

• Arboricultural Survey

• Soft Landscaping Strategy

• Landscape and Visual Impact Appraisal

• Geo-environmental Assessment

• Preliminary Risk Assessment

• Parameters Plan

• Flood Risk Assessment and Drainage Strategy

• Ecological Appraisal with Bat, Reptile and Great Crested Newt Surveys

• Biodiversity Impact Assessment

• Archaeological Desk-based Assessment

c) Pre-application Engagement

3.10 Formal pre-application advice was not requested, but a screening opinion as detailed

below was undertaken.

d) Environmental Impact Assessment

3.11 The site area of the proposal is 6.9ha. The development was, therefore, the subject

of an environmental screening opinion as an infrastructure project. The impact of the

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proposals was not, however, considered to be significant and, consequently, an Environmental Impact Assessment was not required.

4. Consultations and Representations

4.1 Consultations with technical consultees and the local community were carried out for

the application. This occurred on 10th June 2019. A site notice was put up on the 12th June 2019 and the application was advertised in the Harborough Mail on 13th June 2019. This initial consultation period expired on 4th July 2019. Re-consultation based on revised plans was carried out on 25th September 2020, expiring on 9th October 2020. Extensive negotiations with the Highway Authority took place between the initial and most recent formal consultations.

4.2 Firstly, a summary of the technical consultee responses received is set out below. If

you wish to view the comments in full, please go to: www.harborough.gov.uk/planning.

a) Statutory & Non-Statutory Consultees

4.3 Leicestershire County Council (Highways)

The following final comments from the Highway Authority involve lengthy negotiations and assessment of a raft of drawings, survey data, and analytical documents: The impacts of the development on highway safety would not be unacceptable and, when considered cumulatively with other developments, the impacts on the road network would not be severe in accordance with the National Planning Policy Framework, subject to a S106 Agreement relating to travel plan measures, a travel plan monitoring fee of £11,337.50, and a contribution of £8250 towards monitoring of traffic light signalling at nearby junctions (See Appendix B), and conditions relating to the following matters:

• Approval of details of a construction site access and implementation prior to commencement of development (See Condition 11 in Appendix A)

• Submission and approval of a construction method statement (See Condition 12 in Appendix A)

• Implementation of access in accordance with approved drawing. (See Condition 16 in Appendix A).

• Surface water drainage (See Condition 17 in Appendix A)

• Implementation of scheme of signalisation at the B4114/B581 Coventry Road junction (See Condition 18 in Appendix A)

• Submission, approval and subsequent implementation of an amended Travel Plan Framework (See Condition 19 in Appendix A)

• Submission, approval and subsequent implementation of a scheme and timetable for delivery for the treatment of Public Right of Way W48 including management during construction (Condition not required. See explanation under highway assessment)

4.4 Leicestershire County Council (Ecology)

Following initial concerns about the adequacy of the submitted ecological information, further survey data was provided in respect of bats, Great Crested Newts (GCN) and other amphibians, and a quantitative biodiversity impact assessment was also carried out. The surveys revealed that there would be no adverse impact on any protected

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species. The County Ecologist agreed with the outcome of these surveys but recommended a condition for a precautionary method statement to avoid causing harm to GCNs during site clearance and construction (See Condition 13 in Appendix 1). The biodiversity impact assessment concluded that the development would result in a net loss of biodiversity on the site. The County Ecologist suggested three alternative ways of addressing this, including a reduction in the built development on the site to allow for the creation of new habitat, biodiversity off-setting in the vicinity of the site, or contribution to an existing biodiversity enhancement scheme elsewhere in the District. The loss of built development was not a viable option for the applicant and therefore they offered to make a payment of £32,010 towards biodiversity enhancements elsewhere. The Council’s Neighbourhood and Green Spaces Officer identified a potential partner who the money could be allocated to and, subsequently, the County Ecologist was satisfied that this would meet the necessary biodiversity obligations relating to the site and proposed development. Further to the revisions to the layout, the County Ecologist has confirmed that these do not alter the previous comments and conclusions.

4.5 Leicestershire County Council (Archaeology)

No objections subject to a condition requiring submission and approval of a Written Scheme of Investigation to ensure below ground archaeology is not adversely affected by the development (See Condition 10 in Appendix A).

4.6 Lead Local Flood Authority

No objections based on the surface water drainage principles provided with the application, but recommends conditions in respect of the following:

• Submission, approval and subsequent implementation of a surface water drainage scheme (See Condition 7 in Appendix A).

• Submission, approval and subsequent implementation of a scheme for surface water management during construction (See Condition 8 in Appendix A).

• Submission, approval and subsequent implementation of a scheme for the long-term maintenance of the surface water drainage system (See Condition 9 in Appendix A).

• Carrying out of infiltration testing to establish suitability of this method of drainage (See Condition 7 in Appendix A).

4.7 HDC Environmental Services

Recommends conditions in respect of contaminated land risk assessment and verification as the information submitted with the application is insufficient to demonstrate that the development can be carried out without putting end users at risk from ground contamination (See Conditions 5 and 6 in Appendix A).

4.8 Severn Trent Water Ltd No objections, but advises agreement will be needed to connect to the public sewer. 4.9 Leicestershire Police Designing out Crime Officer

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No objections to the proposal but offers recommendations in respect of signage, and the use of CCTV coverage.

4.10 Broughton Astley Parish Council

In response to the revised scheme the Parish Council has made the following comments:

• All new footways should be 3m wide, including the one to the bus stop.

• Improvements to Public Footpath 48 are welcomed.

• Any future changes to retail which may occur through the relaxation of change of use laws would be detrimental to the village centre.

• Additional traffic lights could result in more queuing problems, particularly on the B4114 from the direction of Sharnford.

• The proposed cycleway is unsafe as it directs cyclists to cross the busy Coventry Road, and it serves no useful purpose as it does not link up with any other cycleway and does not cater for cyclists coming from the B4114.

• There are no cycle lanes/markings at the traffic lights and the new junction should have dedicated cycle lanes to help cyclists on the B581.

• A new roundabout at either the junction to the site or the Mill on the Soar junction would be more favourably considered.

4.11 HDC Neighbourhood and Green Spaces Officer

The species proposed in the submitted Landscape Strategy are appropriate for the site. Any trees and hedgerows to be retained should be protected during construction (See Condition 14 in Appendix A), and details of future landscape maintenance should be submitted to ensure the success of the scheme for the benefit of users, wildlife and biodiversity (See Condition 22 in Appendix A).

4.12 Stoney Stanton Parish Council

Objected to the original application as it did not include any measures to address the tailbacks, queuing and subsequent vehicle emissions at the junction of the B581 and B4114. No comments have been received in respect of the re-consultation.

4.13 Cosby Parish Council

Raised concerns about construction traffic travelling through the village and requests that a traffic management plan is approved and enforced to minimise disturbance..

4.14 Blaby District Council

Responded to the initial consultation by raising concerns that off-site highway impacts had not been assessed, particularly at the Coventry Road/B4114 junction. The potential visual impact of the proposal was also raised as a concerns and it was suggested that consideration be given to landscaping on the northern and western boundaries of the site and alongside the area of separation with Sutton in the Elms. No comments have been received in respect of the re-consultation.

b) Local Community

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4.15 One objection from a local resident has been received for the following reason:

• The development should be looked at holistically, with highway safety improvements being made to the east of the site to provide better connectivity with the village. Such improvements should include cycleway, footway, traffic calming measures and regular refuges. These could be achieved through a S106 Agreement and would be CIL compliant, particularly as the development will result in an increase in vehicle movements, including HGVs. Improved connectivity would facilitate use of the proposed leisure units without the need to drive.

4.16 A petition in excess of 300 signatures has been received requesting a pelican crossing

to replace the existing refuge at the end of Sutton Lane.

5. Planning Policy Considerations

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that

applications for development be determined in accordance with the Development Plan unless material considerations indicate otherwise.

5.2 Unless otherwise stated, an explanation of the development plan policies, material

planning considerations, and other documents referred to can be found at the beginning of the Agenda under “All Agenda Items Common Planning Policy”.

a) Development Plan

5.3 The current Local Development Plan consists of the Local Plan (adopted 2019). 5.4 Relevant policies to this application are:

• SS1: Sustainable Development

• GD1: Achieving Sustainable Development

• GD8: Good Design in Development

• BE1: Business and Employment

• RT2: Town and Local Centres

• HC1: Built Heritage

• HC2: Community Facilities

• GI5: Biodiversity and Geodiversity

• CC4: Sustainable Drainage

• IN1: Infrastructure Provision • IN2: Sustainable Transport

b) Material Planning Considerations

5.5 The following material planning considerations are relevant to this application:

• The National Planning Policy Framework (The Framework/NPPF), particularly Para.11 (presumption in favour of development), Section 12 (Achieving well-designed places), Section 14 (Meeting the challenge of climate change, flooding and coastal change) Section 15 (Conserving and Enhancing the Natural Environment); Section 16 (Conserving and Enhancing the Historic Environment)

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• National Planning Practice Guidance

• Broughton Astley Neighbourhood Plan

c) Other Relevant Documents

5.6 The following documents should be noted:

• Circular 11/95 Annex A - Use of Conditions in Planning Permission

• ODPM Circular 06/2005 (Biodiversity and Geological Conservation – Statutory Obligations and their Impact within the Planning System)

• Planning Obligations Developer Guidance Note

• Leicestershire Planning Obligations Policy

• Leicestershire Highways Design Guide

d) Other Relevant Information

5.7 The Framework sets out clear guidance in respect of S106 Agreements and contributions required of developers, which must be necessary in relation to local and national planning policy and directly and fairly related in scale and kind to the proposed development.

6. Assessment

a) Principle of Development

6.1 Policy BE1 of the Local Plan supports new business development which is of a scale

and type that will meet local needs. 6.2 The site lies on the edge of Broughton Astley and has been allocated under Policy E1

of the Neighbourhood Plan as a site for mixed employment, service and leisure uses in order to create employment for local people and to contribute towards the economy of the village. Development of the site is, therefore, encouraged provided it will not have a detrimental effect on the environment or the well-being of neighbours and complies with the detailed requirement of the site allocation set out in EMP1 of the Neighbourhood Plan.

6.3 The requirements of EMP1 specify the uses which will be acceptable on the site and,

in some cases, the amount of floor space which will be acceptable for each use, including 110,000 sq.ft of commercial/industrial floor space, 25,000sq.ft of office space, and 4000 sq.ft for a children’s nursery. Uses which are encouraged, but without a specific floor space allocation include restaurants, cinema complex, retail of large household goods and home improvement products which do not compete with the village centre, and small business centre with meeting rooms. Uses which seek to sell food (other than confectionery) for consumption off the premises are excluded from acceptability, and the site is considered inappropriate for a medical centre because of the lack of footpath links.

6.4 Although the current application is in outline, and the specific nature of uses is as yet

unknown, the proposal has been designed to meet the requirements of the Neighbourhood Plan and, accordingly, proposes uses of a type and quantum which are generally compliant with the specifications within the plan. The only use not applied for is A1 retail of large household goods (albeit that this has erroneously been

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referenced in the Design and Access Statement). In addition, whilst the Neighbourhood Plan specifically discounts use of the site for a medical centre, the proposal specifies uses for healthcare under Class D1 which could include dental services, opticians or similar types of use. The proposal also incorporates improved footway and cycleway links to the village to improve accessibility and connectivity.

6.5 On the basis of the above, the principle of the development is considered acceptable

subject to meeting other requirements of the development plan and the Framework as assessed below.

b) Technical Considerations

1. Design and Visual Amenity

6.6 The site lies to the north of Coventry Road on the main approach into the village from

the west. At the moment, in its overgrown and undeveloped state, the site presents a natural, green edge to the village when viewed from the roads to the north, south and west, as well as from the public footpath to the north and east.

Figure 10: View of Site from South-west on Approach into District

Figure 11: View Towards Site from Public Footpath W48 to the North-east of the Site

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6.7 The development of the site, including formation of the access and construction of

buildings will inevitably change this current aesthetic. The access, in itself, will introduce new highway infrastructure and an engineered junction to an otherwise straight stretch of road with wide verges. However, Coventry Road is already part of a road network which incorporates a number of junctions with traffic lights and, therefore, this part of the scheme will be a visually acceptable addition to this wider infrastructure.

6.8 As the scheme is in outline, the precise details of buildings in terms of their design is

unknown. However, a parameters plan submitted with the application has indicated heights of buildings ranging from 8.5m to 13.5m. This range of heights is not excessive for the types of uses proposed, but the visual impact of these heights will depend on the finished floor levels relative to existing ground levels. At the moment, the levels on the site are very varied, with some parts of the site being considerably higher than the road. The agent for the application has advised that the intention is to level the site so that it is more consistent with the level of the road, and the site section below demonstrates this intention. In order to ensure this is the case, however, a condition requiring details of levels is necessary (See Condition 4 in Appendix A).

Figure 12: Indicative Section of a 12m High Office Building Relative to the Road

6.9 Subject to the levels being as indicated, it is possible that buildings of the heights

proposed can be accommodated on the site without being unduly intrusive in the landscape. This conclusion is supported by the submitted Landscape and Visual

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Impact Appraisal (LVIA) which assesses the scheme in the context of the site’s wider surroundings. The appraisal identifies that the site falls within the Upper Soar Landscape Character Area as classified in the Harborough District Landscape Character Assessment 2007. This assessment states that there is a medium capacity for change in this area because the rural character has already been encroached upon by urban settlements and a tight network of roads. The topography of individual sites may require measures to mitigate the wider visual impact. The LVIA assesses the site as having low to medium landscape value with few sensitive receptors given the relatively well-contained nature of the site which is well-screened from Coventry Road and only partially visible from the adjoining public footpath and a small number of properties in Sutton in the Elms. Whilst distant views of the site are possible from the B4114, they are seen within the context of Coventry Road, edge of settlement characteristics and a number of electricity pylons.

Figure 13: Distant View Towards Site from West (Site is to Rear/Right of Central Pylon)

6.10 In order to minimise the visual impact of the proposal, existing boundary vegetation

will be bolstered by infill planting of hedgerows and trees with additional landscaping within the site to ensure the development can be satisfactorily assimilated into its surroundings as well as enhancing biodiversity. These measures are detailed in the submitted Landscape Strategy as shown below.

Figure 14: Landscape Strategy.

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6.11 The visual impact of the built development on the site will also be further assessed

when reserved matters are submitted but, on the basis of the above assessment and subject to compliance with recommended conditions, it is considered that the proposal satisfactorily meets the requirements of the Framework, Harborough Local Plan Policies GD5 and GD8, and the Neighbourhood Plan.

2. Highways

6.12 The original application proposed two points of access into the site: One serving the

industrial uses and the other serving the leisure uses. The revised proposal includes a single point of access in the form of a signalised junction from Coventry Road. The proposed site access arrangement has been subject to a Stage 1 Road Safety Audit. The applicant suggested amending the speed limit on Coventry Road from 50mph to 40mph but this was not supported by the Highway Authority so the proposed site access has been designed in accordance with the relevant standards for a 50 mph speed limit. It has also been demonstrated that the site access can accommodate the necessary movements of a 16.5m articulated lorry, and that the junction can operate with capacity at both morning and afternoon peak periods.

Figure 15: Proposed Access Arrangements (Drawing No. F18027/01K)

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6.13 The applicant has assessed the following off-site junctions in relation to the proposed

development, taking into account other committed development which will generate traffic affecting these junctions:

1. Coventry Road / B4114

2. B581 / Broughton Road / Cosby Road 3. A426 / Coopers Lane / Station Road 4. B4114 Coventry Road / Croft Road 5. New Road / Hinckley Road / B581 6. A47 / B581

6.14 The Highway Authority agrees with the applicant’s conclusion that the proposed

impact of the development could not be considered to be severe at Junctions 2 to 6. However, a scheme of mitigation is required at Junction 1, B4114/B581 Coventry Road (known locally as the Mill on the Soar junction). The mitigation includes a fully signalised scheme at the staggered crossroads incorporating the following:

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• widening all four arms to provide 3.5 metre wide lane widths on the B4114 (with the exception of the southbound lanes which would be widened to 3.25 metres)

• increasing junction radii at the southernmost junction (Broughton Road, Stoney Stanton) to 20 metres, increasing the left turn radius into the B581 Coventry Road at the northernmost junction to 18 metres, and increasing the left turn radius onto the B4114 to 12 metres

• amending the lane configuration to allow for two long lanes on the B4114 (i.e. single ahead and right turn lanes)

Figure 16: Proposed Improvements to the B4114/B581 Junction (Drawing No. F18027/03C Extract in two overlapping parts to assist viewing)

Junction with Turning to Broughton Astley

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Junction with Turning to Stoney Stanton

Figure 17: View Looking West towards Junction of Coventry Road with the B4114

Figure 18: View of Junction of Coventry Road with B4114 Looking East

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Figure 19: Views Looking towards Junction of Coventry Road with the B4114 from North

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Figure 20: Views Looking towards Junction of Coventry Road with the B4114 from South

Figure 21: View Looking towards Junction of B4114 with the road to Stoney Stanton from North

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6.15 The scheme of mitigation has been subject to junction modelling which concludes

that the highway improvement scheme would mitigate the impact of the proposed development. The Highway Authority agrees with this conclusion subject to a condition requiring the works to be carried out prior to the first occupation of any part of the development (See Conditions 16 and 18 in Appendix A). The scheme would also be subject to minor technical tweaks as part of the necessary S278 agreement with the Highway Authority, but these do not affect the conclusions in respect of the planning application.

6.16 The scheme proposes a 2m wide footway on the northern side of Coventry Road (as

shown by the orange arrow on Figure 22) which would link up with an existing footway close to the existing bus stop; at this point a pedestrian refuge would be proposed to facilitate crossing to the southern side of the road (as shown by the green arrow on Figure 22). A 3m wide shared cycleway/footpath is also proposed along the southern side of Coventry Road (as shown by the yellow arrow on Figure 22).

Figure 22: Extract of Access Arrangements Plan Showing Footpath and Cycleway Links

6.17 The Highway Authority considers the above arrangements for pedestrians and cyclists

to be acceptable. 6.18 Public Footpath W48 links Broughton Way to the east of the site with Sutton Lane to

the north. The definitive line of the footpath crosses the extreme north-east corner of the site. This part of the footpath is currently confined by fencing bounding the site and has been replaced by a well walked and worn alternative route immediately adjacent to the site. The applicant has noted that the site level is raised above the level of the footpath by approximately 1 metre and access requires pedestrians to walk up a relatively steep embankment. The applicant has suggested that improvements could be delivered which potentially include the provision of steps into the site or land removal to achieve a shallower gradient. Notwithstanding this, the Highway Authority considers it necessary to control the treatment of the footpath during and after construction and has recommended a condition to achieve this. However, the proposed development would not impact on the existing arrangements on the ground,

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which have clearly been in place for a long time, and there would be no built development on the definitive line of the footpath. A condition requiring details of boundary treatment to be submitted is recommended (See Condition 21 in Appendix A), and this would allow for the definitive line of the footpath to be kept open, even if the current walked route of the footpath remains the preferred option for users of the path. On this basis, and as the applicant has indicated on the Masterplan that the definitive line of the footpath may be diverted separately to the planning application, it is not considered necessary to impose the condition suggested by the Highway Authority. Any issues with the footpath are existing and can be dealt with outside the planning process.

6.19 A number of concerns in respect of highway issues have been raised by the Parish

Council and objectors, including the submission of a petition for a pelican crossing in place of the central refuge close to Sutton Lane. With regard to the latter, this is clearly an existing concern and is not directly related to the application site, not least because it is some distance from the application proposals. The application proposes a pedestrian crossing at the site access junction, with footway links to existing footways on Coventry Road and Broughton Way. As the existing footway on Coventry Road provides a direct route into the village centre, the new footway linking to this is fairly and directly associated with the proposed development and will facilitate access from the site to the village. The Highway Authority has confirmed that connectivity between Sutton Lane and the village centre is a separate issue outside the remit of the application and has advised that any requests for highway improvements in this respect should be made directly to the County Council as a standalone matter.

6.20 Notwithstanding the comments of the Parish Council, there is no requirement for

anything greater than a 2m wide footway on the northern side of Coventry Road/Broughton Way as this is sufficient for pedestrians walking to the bus stop or other parts of the village, and the 3m wide shared footway/cycleway on the southern side of Coventry Road is sufficient to provide safe access for cyclists to navigate the busy, fast section of Coventry Road and connect with the less busy, slower section of the road through the built up part of the village. All new junction proposals and improvements have been modelled to the satisfaction of the Highway Authority and monitoring of the efficacy of the signalling timings/arrangements once installed is an integral part of the S106 Agreement. A roundabout was considered at the Mill on the Soar junction, but it was concluded that it would not be as effective as the current proposed junction improvements. Finally, the access arrangements at the junction to the site provide a toucan crossing and appropriate markings for cyclists to make provision for safe crossing.

6.21 As well as the conditions recommended in respect of implementation of access

arrangements, and off-site highway works, the Highway Authority has requested that an amended Framework Travel Plan be submitted to ensure the number of vehicle movements to and from the site are as minimal as possible. This is considered reasonable and in line with government and local policies (See Condition 19 in Appendix A). In order to reinforce the objective of minimising vehicle movements, and to encourage the use of cycling, a condition requiring the provision of covered cycle stores is also considered necessary (See Condition 25 in Appendix A). The provision of such storage facilities will complement the off-site highway provision for a cycleway on the southern side of Coventry Road and tie in with the actions set out in the Framework Travel Plan.

6.22 The Highway Authority has also made a request for contributions and other obligations

via a S106 Agreement to support the implementation and monitoring of the Travel Plan

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and monitoring of the efficacy of the new junction improvements. These are considered necessary and reasonable and have been included in the table in Appendix B.

6.23 On the basis of the above it is considered that the proposal satisfactorily accords with

the provisions of the Framework, and accords with Harborough Local Plan Policy IN2.

3. Residential Amenity

6.24 The Framework seeks to ensure a good standard of amenity for all existing and future

occupiers of land and buildings. This principle is further reflected in Local Plan Policy GD8.

6.25 The nearest dwellings to the site are those to the south-east on Coventry

Road/Broughton Way and those to the north-east on Sutton Lane which back onto the public footpath. All these properties are too far away from the site to be adversely affected in terms of loss of light, privacy or overbearing as shown in Figure 23 below. Notwithstanding this, the process of construction could cause disturbance as a result of noise, traffic movements, dust and other environmental matters such that a condition requiring the submission, approval and subsequent compliance with a Construction Environmental Management Plan is considered necessary (See Condition 12 in Appendix A).

Figure 23: Site in Relation to Nearest Dwellings

6.26 The proposed industrial uses on the site include B2 (General Industrial) and B8

(Storage and Distribution) uses which have the capacity to generate noise and disturbance either through the processes carried out or by the hours of operation which could involve deliveries at unsociable hours. As the end users are currently unknown, it would be difficult and unreasonable at the current time to impose specific hours of use. However, as the application is in outline, and future reserved matters may be submitted in whole or on a unit by unit basis as end users start to come forward, a condition requiring details of hours of use and deliveries as part of any reserved matters’ submissions is considered both reasonable and necessary, not least to protect properties on Sutton Lane, some of which have rear boundaries close to the northern edge of the site (See Condition 24 in Appendix A).

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6.27 The site will, by necessity, require external lighting which may be visible beyond the

site depending on its positioning, type and intensity. This could impact on the amenities of residents in the vicinity, as well as visual amenity in terms of light pollution in this edge of village location and, therefore, a condition requiring details of lighting is considered necessary (See Condition 23 in Appendix A).

6.28 On the basis of the above, and subject to compliance with conditions, it is considered

that the development will not adversely affect the amenities of occupiers of existing dwellings in accordance with Local Plan Policy GD8, the Framework and the Neighbourhood Plan.

4. Flooding and Drainage

6.29 The site falls with Flood Zone 1 and therefore there is no risk of flooding from fluvial

sources. 6.30 The Lead Local Flood Authority (LLFA) has no objections to the scheme subject to

conditions relating to surface water drainage during and after construction See Conditions 7, 8 and 9 in Appendix A).

6.31 On the basis of the above and subject to compliance with recommended conditions,

the proposal is considered acceptable and satisfactorily complies with Section 14 of the Framework.

5. Ecology

6.32 The Framework places great importance on the protection and enhancement of

biodiversity, stating that development plans should identify and pursue opportunities for securing measurable net gains for biodiversity. Furthermore, when determining planning applications, opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity.

6.33 Local Plan Policy GI5 states that development will be permitted where, amongst

other things, opportunities for improving habitats are incorporated, and unavoidable loss or damage to habitats, sites or features is addressed through mitigation, relocation or, as a last resort, compensation to ensure there is no net loss of environmental value. The policy also states that development should, as relevant, provide contributions to wider biodiversity improvements in the vicinity of the site.

6.34 Although the submitted surveys demonstrated that the proposal would not adversely

impact on protected species, the overgrown, neglected state of the site has made it an ideal habitat for a variety of plant species and invertebrates. The amount of disturbance to this habitat likely to be caused by the development is substantial and, therefore, the County Ecologist requested a biodiversity impact assessment be carried out.

6.35 The impact assessment concluded that the development would result in a net loss of

biodiversity on the site amounting to 15 biodiversity units. Subsequent amendments to the landscaping scheme to increase wildlife habitat reduced this to a net loss of 2.91 units. The County Ecologist stated that the principle of measurable net-gain when considering applications is covered in the Framework and the planning system should provide biodiversity net-gains wherever possible. On this basis, the

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application should, ideally, be recommended for refusal as it would result in a net loss of biodiversity.

6.36 However, net gain for biodiversity is not currently mandatory and, therefore, the

County Ecologist suggested three alternative ways of addressing the predicted loss, including a reduction in the built development on the site to allow for the creation of new habitat, biodiversity off-setting in the vicinity of the site, or a contribution to an existing biodiversity enhancement scheme elsewhere in the District. The loss of built development was not a viable option for the applicant and therefore they suggested a payment of £32,010 towards biodiversity enhancements elsewhere. The Council’s Neighbourhood and Green Spaces Officer suggested the Soar Catchment Partnership may be an appropriate partner for ensuring the money is spent appropriately and, subsequently, the County Ecologist was satisfied that this would meet the necessary biodiversity obligations relating to the site and proposed development.

6.37 On the basis of the above the proposal is considered acceptable subject to the

securing of a financial contribution of £32,010 towards off-site biodiversity enhancements. The proposal is, therefore, in compliance with Local Plan Policy GI5 and Section 15 of the Framework. It should be noted, however, that the County Ecologist’s expectation is that the body responsible for the site where the financial contribution would be spent will be a signatory to the S106 Agreement. Unfortunately, at this stage, this is not possible as the optimum location for off-site biodiversity mitigation has not been finalised. The Council’s Neighbourhood and Green Spaces Officer suggested the Soar Partnership as a possibility, and there is every possibility that this will be where the financial contribution is spent. However, if it is ultimately not possible to find a suitable site for the off-site biodiversity enhancements, the financial contribution will have to be paid back. Notwithstanding this, at the current time, with the stated intention of the Framework to achieve net biodiversity gain where possible, and the intention of Policy GI5 to avoid net loss of biodiversity, it is reasonable and necessary to seek appropriate mitigation for the biodiversity loss which will arise from this development through a S106 Agreement (See Appendix B).

6.38 In addition to the S106 obligation, the County Ecologist recommended a condition

requiring submission of a precautionary working methods statement to ensure Great Crested Newts are not harmed during site clearance in particular. Given the DNA findings on the site this is considered reasonable and necessary (See Condition 13 in Appendix A). The Neighbourhood and Green Spaces Officer also recommended a condition requiring details of future landscape maintenance to be submitted to ensure the success of the scheme for the benefit of users, wildlife and biodiversity. This condition is also considered reasonable and necessary, particularly to ensure the remaining biodiversity value of the site is not subsequently eroded (See Condition 22 in Appendix A).

6. Archaeology

6.39 The County Archaeologist is satisfied that the development will not cause substantial

harm to archaeological remains subject to a condition requiring a Written Scheme of Investigation (See Condition 10 in Appendix A).

8. Other

6.40 The Neighbourhood Plan specifically excludes A1 retails uses on the site which would

compete with existing uses in the village centre. Whilst A1 uses are not proposed on the site as part of the current application, the Parish Council has raised a valid concern

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about future changes of use which may not require planning permission. The changes to the Town and Country Planning (Use Classes) Order which came into effect on 1st September 2020 revoke former Classes A and D, modify Class B, and introduce new Classes E and F. The effect of this in relation to the current application is that former A1, A2, A3, B1, D1 (in respect of healthcare and nurseries), and some D2 uses (including gyms and other similar indoor leisure uses, but excluding cinemas) would all fall within new Class E. The reason for grouping these together is that they are all considered to be uses acceptable in town centres and, therefore, being in the same use class will allow greater freedom of movement between them.

6.41 The issue for this site, as highlighted by the Parish Council, is that whilst some of these

uses are acceptable on the application site, those which would compete with the village centre are not. Although the current application will be determined by reference to the old use classes, this is a transitional arrangement and, ultimately, the uses on the site as they come forward will fall within the new use classes and, therefore, within the remit of permitted development rights which generally allow changes of use without planning permission between uses in the same class. In the future, this could allow one of the current A3, B1, D1 or D2 uses to become a retail use of the type explicitly excluded by the Neighbourhood Plan. For this reason, a condition preventing any future change of use for retail purposes other than for bulky household goods/home improvements and confectionery is considered necessary to preserve the vitality and viability of the existing village centre (See Condition 27 in Appendix A).

6.42 No other material planning considerations are considered relevant to the determination

of this application.

7. The Planning Balance / Conclusion

7.1 Sustainable Development

The Framework identifies three dimensions to sustainable development – economic,

social and environmental. Taking each of these in turn the following conclusions can be reached;

o Economic

Provides new economic development both during construction and, once built, through

a variety of uses which would contribute towards the local economy and employment. The proposed uses will help make Broughton Astley a more sustainable settlement whilst complementing, rather than competing with, the existing village centre. As such, it will support the objectives of the Neighbourhood Plan to increase opportunities for local people to work in Broughton Astley, and to provide additional services and facilities which will enhance the existing centre.

o Social

Provides new leisure and healthcare units and a children’s nursery which would

support local people in working in the commercial units. The site can also be accessed by sustainable modes of transport, which may contribute towards health and well-being and is accessible to the village centre. The highway improvements will also improve connectivity and ease of movement into and out of the village as well as helping to make the road network in the locality safer to use. These benefits will support the objectives of the Neighbourhood Plan to improve leisure and healthcare facilities, and to improve the local highway infrastructure.

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o Environmental

The retention of boundary hedgerows and some on-site trees, together with enhanced landscaping of the site will help maintain some of the existing biodiversity. The remaining net loss in terms of biodiversity will be satisfactorily mitigated by a contribution to off-site biodiversity enhancements. The new cycleway, footways and travel plan incentives will contribute to more sustainable means of travel. It is therefore considered that the scheme will have a neutral impact on the environment and therefore is considered to constitute sustainable development.

7.2 The proposed development is acceptable on the basis that the site occupies a

sustainable location on the edge of a key centre and meets the requirements of an allocation within the Broughton Astley Neighbourhood Plan. The details of the scheme, subject to conditions, demonstrate that it is capable of being assimilated into its surroundings without adversely affecting the character and appearance of the area, the vitality and viability of the existing village centre, the amenities of occupiers of nearby properties, highway safety, biodiversity, archaeology, flooding, or any other interest of acknowledged importance. On balance, therefore, it is considered that the proposed development satisfactorily complies with the Framework and relevant policies in the development plan and Neighbourhood Plan, and there are no material planning considerations sufficient to challenge the presumption in favour of development.

7.3 It is therefore recommended that the application be approved subject to the conditions

in Appendix A and the S106 obligations in Appendix B. 8.0 Appendix A: Planning Conditions

8.1

1) Outline Consent Commencement The development hereby approved shall commence prior to the expiration of

two years from the date of approval of the last of the reserved matters to be approved. Applications for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

REASON: To meet the requirements of Section 92 of the Town and Country Planning Act 1990.

2) Approval of Reserved Matters No development shall commence on site until details of the appearance,

landscaping, layout and scale (hereinafter called "the reserved matters") have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

REASON: The application was made for outline planning permission and is granted to accord with the provisions of Section 92 of the Town and Country Planning Act 1990.

3) Permitted Plans

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The development hereby permitted shall be carried out substantially in accordance with the following approved plans and documents:

Location Plan (Drawing No. 17150 SGP-XX-XX-DR-A-0901B) Illustrative Masterplan (Drawing No. 17150 SGP-XX-XX-DR-A-0900F)

including indicative mix of uses specified in the accompanying Planning Statement

Parameters Plan as detailed in the revised Design and Access Statement (September 2020)

Landscape Strategy (September 2020) REASON: For the avoidance of doubt and to ensure that the proposed development is carried out as approved.

4) Existing and Proposed Levels No development shall commence on site until details of existing and proposed

levels have been submitted to and approved in writing by the Local Planning Authority. The details shall include finished ground floor levels of all buildings in relation to the existing and proposed site levels and the adjacent highway, together with details of the levels of all accesses (to include pathways, driveways, steps and ramps). The development shall only be carried out in accordance with the approved details.

REASON: To safeguard the character and appearance of the area and the amenities of occupiers of nearby dwellings, having regard to Harborough Local Plan Policies GD2, GD5 and GD8, and the National Planning Policy Framework.

REASON: In the interests of the character and appearance of the area and the

setting of the adjoining conservation area in accordance with the Harborough

District Local Plan Policy GD8 and the National Planning Policy Framework.

5) Contaminated Land Risk Assessment

No development (except any demolition permitted by this permission) shall commence on site, or part thereof, until a Risk Based Land Contamination Assessment has been submitted to and approved in writing by the Local Planning Authority, in order to ensure that the land is fit for use as the development proposes. The Risk Based Land Contamination Assessment shall be carried out in accordance with: o BS10175:2011+A2:2017 Investigation Of Potentially Contaminated

Sites Code of Practice; o BS8576:2013 Guidance on Investigations for Ground Gas - Permanent

Gases and Volatile Organic Compounds (VOCs) and o CLR 11 Model Procedures for the Management of Land Contamination,

published by The Environment Agency 2004. o Or any documents which supersede these.

Should any unacceptable risks be identified in the Risk Based Land Contamination Assessment, a Remedial Scheme and a Verification Plan shall be prepared and submitted to and agreed in writing by the Local Planning Authority. The Remedial Scheme shall be prepared in accordance with the requirements of:

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o CLR 11 Model Procedures for the Management of Land Contamination,

published by The Environment Agency 2004. o BS 8485:2015+A1: Code of practice for the design of protective

measures for methane and carbon dioxide ground gases for new buildings.

o Or any documents which supersede these.

The Verification Plan shall be prepared in accordance with the requirements of: o Evidence Report on the Verification of Remediation of Land

Contamination Report: SC030114/R1, published by the Environment Agency 2010.

o CLR 11 Model Procedures for the Management of Land Contamination, published by The Environment Agency 2004.

o BS 8485:2015+A1:. Code of practice for the design of protective measures for methane and carbon dioxide ground gases for new buildings

o CIRIA C735, "Good practice on the testing and verification of protection systems for buildings against hazardous ground gases" CIRIA, 2014

o Or any documents which supersede these.

If, during the course of development, previously unidentified contamination is discovered, development must cease on that part of the site and it shall be reported in writing to the Local Planning Authority within 10 working days. Prior to the recommencement of development on that part of the site, a Risk Based Land Contamination Assessment for the discovered contamination (to include any required amendments to the Remedial Scheme and Verification Plan) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be implemented in accordance with the approved details and retained as such in perpetuity.

REASON: To ensure the land is fit for purpose and having regard to the National Planning Policy Framework.

6) Verification Statement

Prior to the first use of the completed development, or part thereof, either:

1) If no remediation was required by Condition 5 a statement from the developer or an approved agent confirming that no previously identified contamination was discovered during the course of development, or part thereof, is received and approved in writing by the Planning Authority; or

2) A Verification Investigation shall be undertaken in line with the agreed Verification Plan for any works outlined in the Remedial Scheme and a report showing the findings of the Verification Investigation relevant to the whole development, or part thereof, shall be submitted to and approved in writing by the Local Planning Authority. The Verification Investigation Report shall:

o Contain a full description of the works undertaken in accordance with

the agreed Remedial Scheme and Verification Plan; o Contain results of any additional monitoring or testing carried out

between the submission of the Remedial Scheme and the completion of remediation works;

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o Contain Movement Permits for all materials taken to and from the site and/or a copy of the completed site waste management plan if one was required;

o Contain Test Certificates of imported material to show that it is suitable for its proposed use

o Demonstrate the effectiveness of the approved Remedial Scheme; and

o Include a statement signed by the developer, or the approved agent, confirming that all the works specified in the Remedial Scheme have been completed.

REASON: To ensure that the land is fit for purpose and having regard to the National Planning Policy Framework.

7) Details of Surface Water Drainage Scheme No development shall commence on site until details of a surface water

drainage scheme/system have been submitted to, and approved in writing by, the Local Planning Authority. These details shall include evidence of infiltration testing on the site to establish the suitability of the site for the use of infiltration as a drainage element (unless evidence is submitted to preclude the need for testing). The surface water drainage scheme shall be implemented in accordance with the approved details prior to the first use of any part of the development hereby approved.

REASON: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site.

8) Details of Surface Water Management During Construction No development shall commence on site until details of the management of

surface water on site during construction of the development have been submitted to, and approved in writing by, the Local Planning Authority. Surface water management during construction of the development shall be carried out in accordance with the approved details.

REASON: To prevent an increase in flood risk, to maintain the existing surface water run-off quality, and to prevent damage to the final surface water management systems though the entire development construction phase.

9) Maintenance of Surface Water Drainage System Prior to the first occupation of any part of the development hereby approved

details of the long-term maintenance of the surface water drainage system within the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the surface water drainage system shall be maintained in accordance with the approved details.

REASON: To establish a maintenance regime that may be monitored over time that will ensure the long-term performance, both in terms of flood risk and water quality, of the surface water drainage system (including sustainable drainage systems) within the proposed development.

10) Archaeological WSI

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No development shall take commence until a written scheme of investigation (WSI) has been submitted to, and approved in writing by, the Local Planning Authority. For land that is included within the WSI, no development shall take place other than in accordance with the agreed WSI, which shall include the statement of significance and research objectives, and:

1. The programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works;

2. The programme for post-investigation assessment and subsequent analysis, publication and dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the WSI.

REASON: To ensure satisfactory and proportionate archaeological investigation and recording of the significance of any heritage assets impacted upon by the development proposal prior to its loss in accordance with Harborough Local Plan Policy HC1 and the National Planning Policy Framework.

11) Details of Construction Site Access

No development shall commence on site until details of a construction site access from the B581 Coventry Road have been submitted to and approved in writing by the Local Planning Authority. The approved construction site access shall be implemented in full prior to any works on the site commencing. REASON: To ensure that construction vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner in the interests of general highway safety and in accordance with the National Planning Policy Framework.

12) Construction Environmental Management Plan No development (including any site clearance/preparation works) shall be

carried out until a Construction Environmental Management Plan has been submitted to the Local Planning Authority for approval in writing. Details shall provide the following, which shall be adhered to throughout the period of development:

a) the parking of vehicles of site operatives and visitors;

b) loading/unloading and storage of construction materials, oils, fuels, and chemicals

c) a detailed reactive and proactive road cleaning schedule, incorporating the use of road sweepers, on-site wheel wash facilities and the use of hand brooms on wheels and roads where necessary

d) measures to control the emission of dust and noise during construction;

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e) a scheme for recycling/disposing of waste resulting from site preparation and construction works;

f) hours of construction work, site opening times, hours of deliveries and removal of materials;

g) full details of any piling technique to be employed, and the control of hours of use if relevant;

h) location of temporary buildings and associated generators, compounds, structures and enclosures

i) routeing of construction traffic and indication of signage locations to assist those delivering to the site

j) Contact details for site manager, including how these details will be displayed on site.

k) full details of preventative measures to avoid surface water run-off during construction

l) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing;

m) full details of any floodlighting to be installed associated with the construction of the development.

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution, and dangers to highway safety during the construction phase having regard to Harborough Local Plan Policy GD8 and the National Planning Policy Framework.

13) Great Crested Newts Precautionary Method Statement No development (including any site clearance/preparation works) shall

commence on site until a precautionary method statement in respect of Great Crested Newts has been submitted to, and approved in writing by, the Local Planning Authority. The development shall only be carried out in accordance with the approved method statement.

REASON: To avoid causing harm to this protected species, having regard to Harborough Local Plan Policy GI5 and the National Planning Policy Framework.

14) Protection of Trees and Hedgerows During Construction No development shall commence on site until the trees and hedgerows to be

retained on the site have been enclosed by protective fencing, in accordance with British Standard 5837 (2010): Trees in Relation to Construction. Before the fencing is erected its type and position shall be approved by the Local Planning Authority, and after it has been erected it shall be maintained for the duration of the works and no vehicle, plant, temporary building or materials, including raising and or, lowering of ground levels, shall be allowed within the protected areas(s).

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REASON: To ensure protection of trees and hedgerows on the site in the interests of visual amenity and biodiversity in accordance with Harborough District Local Plan Policies GD8 and GI5, and the National Planning Policy Framework.

15) Details of Materials Prior to the construction of any unit/building details of all external materials to

be used, including materials for walls and hard surfacing, shall be submitted to, and approved in writing by, the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved details and shall be retained as such in perpetuity.

REASON: In the interests of the character and appearance of the area having

regard to Harborough District Local Plan Policy GD8 and the National Planning Policy Framework.

16) Provision of Site Access and Off-site Highway Works

Prior to the first use of any part of the development hereby approved the site access arrangements and off-site highway improvement works shown on Drawing No. F18027/01 Revision K shall be implemented in full.

REASON: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner and to improve connectivity to the site, in the interests of general highway safety and in accordance with the National Planning Policy Framework.

17) Highway Drainage

Prior to the first use of any part of the development hereby approved details of measures to ensure surface water will not drain onto the public highway shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented prior to the first use of any part of the development and thereafter shall be maintained in perpetuity. REASON: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users in accordance with the National Planning Policy Framework.

18) Implementation of Scheme of Signalisation

Prior to the first use of any part of the development hereby approved a scheme of signalisation at the B4114/B581 Coventry Road junction in accordance with Drawing No. F18027/03 Revision C shall be implemented in full. REASON: To mitigate the impact of the development, in the interests of highway safety and in accordance with the National Planning Policy Framework.

19) Revised Framework Travel Plan

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Prior to the first use of any part of the development hereby approved, and notwithstanding the submitted details, a revised Framework Travel Plan setting out actions and measures with quantifiable outputs and outcome targets shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the agreed Framework Travel Plan shall be implemented in accordance with the approved details. REASON: To reduce the need to travel by single occupancy vehicle and to promote the use of sustainable modes of transport in accordance with the National Planning Policy Framework.

20) Surfacing of Access, Parking and Turning Spaces

Prior to the first use of any of the units/buildings approved under reserved matters, the approved access(es), parking and turning facilities serving that unit/building shall be surfaced in a bound material (not loose aggregate) and thereafter shall be made available at all times for their designated purposes. The bound surfaces shall not be subsequently replaced with loose aggregate, but shall be retained in a bound material in perpetuity. REASON: To ensure adequate off-street parking and turning space is available to serve each unit/building and to reduce the possibility of deleterious material being deposited in the highway in the interests of highway safety.

21) Details of Boundary Treatment Prior to the first use of any of the units/buildings approved under reserved

matters details of boundary treatment associated with that unit/building shall be submitted to, and approved in writing by, the Local Planning Authority. The approved boundary treatment shall be implemented in accordance with the approved details prior to the first use of the unit/building or part of the development to which it relates.

REASON: In the interests of the character and appearance of the area in

accordance with the Harborough Local Plan Policy GD8 and the provisions of the National Planning Policy Framework.

22) Landscape Management Plan

Prior to the first use of any of the units/buildings hereby granted permission, a management plan for the landscaped areas of the site as a whole shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the landscaped areas shall be managed in accordance with the approved plan.

REASON: To safeguard these natural features in the interests of the appearance of the locality and to enhance the biodiversity of the area in accordance with Harborough District Local Plan Policies GD8 and GI5 and the National Planning Policy Framework.

23) External Lighting Prior to being installed on the site details of all external lighting shall be

submitted to, and approved in writing by, the Local Planning Authority.

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External lighting shall only be installed in accordance with the approved details and so retained in perpetuity.

REASON: To avoid any potential adverse impact on the amenities of nearby residents and the visual amenities of the area having regard to Harborough Local Plan Policy GD8 and the National Planning Policy Framework.

24) Details of Hours of Use/Operation and For Deliveries.

Concurrent with any reserved matters application(s) pursuant to this outline planning permission details of hours of use/operation and for deliveries (including loading and unloading of vehicles) for each unit shall be submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the use of each unit shall only be carried out in accordance with the hours so approved.

REASON: To safeguard the residential amenities of the locality having regard to Harborough Local Plan Policy GD8, the Broughton Astley Neighbourhood Plan and the National Planning Policy Framework.

25) Provision of Covered Cycle Storage Facilities

All reserved matters submissions pursuant to this grant of outline planning permission shall include details of covered cycle storage. All subsequently approved covered cycle stores shall be provided on the site prior to the first use of the buildings/units which they are intended to serve and, thereafter, shall be made available at all times for their designated purpose.

REASON: In order to facilitate sustainable modes of travel in the interests of reducing trips by private motor vehicles having regard to Harborough Local Plan Policy IN2 and the National Planning Policy Framework.

26) Implementation of Landscaping

All planting, seeding and turfing comprised in the approved details of landscaping shall be completed in the first planting and seeding season (October to March) prior to, or immediately following, the first use of the building, or part of the site, to which it relates. All approved hard landscaping relevant to each part of the development shall be completed prior to the first use of the building, or part of the site, to which it relates. All planting, seeding and turfing for the areas not within individual plots as comprised in the approved details of landscaping shall be completed in the first planting and seeding season prior to, or immediately following, first use of the last building to be completed, or completion of the development, whichever is sooner. All hard landscaping not within individual plots as comprised in the approved details landscaping shall be completed prior to the first use of the last building to be completed, or completion of the development, whichever is sooner. Any trees, shrubs, hedges or plants which, within a period of five years from their date of planting, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation.

REASON: To ensure the landscaping is implemented and maintained in the interests of the visual amenities of the development and its surroundings

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having regard to Harborough Local Plan Policies GD2, GD5 and GD8, and the National Planning Policy Framework.

27) Notwithstanding the Town and Country Planning (General Permitted Development) Order 2015 (as amended) none of the units/buildings approved for Use Classes A3, B1, D1 or D2 (Use Class E following the amendments to the Town and Country Planning (Use Classes) Order 1987 which came into force on 1st September 2020) shall subsequently change use for retail purposes falling with Class E(a) or F.2(a) of the amended Use Classes Order other than for the sale of large household goods and/or items for home improvement and the incidental sale of confectionery.

REASON: To safeguard the vitality and viability of Broughton Astley's village centre in accordance with Harborough District Local Plan Policy RT2, the Broughton Astley Neighbourhood Plan and the National Planning Policy Framework.

9. Appendix B (S106 Table of Requirements)

Request by LCC Highways

Highways and Sustainable Travel

Amount /Detail Delivery CIL Justification Policy Basis a. One Travel Pack per employee to inform new employees of sustainable travel choices in the surrounding area. Cost of £52.85 per pack if supplied by LCC. Administration charge if sample Travel Pack submitted to and approved in writing by LCC. b. One six-month bus pass per employee. Cost of £360.00 per pass if supplied through LCC. c. Appointment of a Travel Plan Co-

To be provided from first use of development. Can be provided through Leicestershire County Council or independently subject to sample Travel Pack being submitted to LCC for written approval. To be provided from first use of development.

To comply with Government policy in the National Planning Policy Framework and commensurate with Leicestershire County Council Planning Obligations Policy in the interests of encouraging sustainable travel to and from the site, achieving modal shift targets, and reducing car use. To inform new employees from first use of the development of sustainable travel choices in the surrounging area and to encourage to use of bus services. To comply with Government policy in the National Planning Policy Framework and commensurate with Leicestershire County Council Planning Obligations Policy 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 To ensure effective implementation and monitoring of the Travel Plan submitted in

Harborough District Local Plan. Harborough District Council Planning Obligations Supplementary Planning Document January 2017. Leicestershire Planning Obligations Policy Adopted 10th July 2019

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ordinator from commencement of development until 5 years after first occupation. The Travel Plan Co-ordinator shall be responsible for the implementation of measures as well as monitoring and implementation of remedial measures. d. Framework Travel Plan monitoring fee of £11,337.50 d. A contribution of £8250 towards pre- and post-occupancy validation checks of the current MOVA systems at the following junctions:- - B581 / Broughton Road / Cosby Road; - B4114 Coventry Road / Croft Road; and - A47 / B581 Elmesthorpe Road

From commencement of development. TBC TBC

support of the Planning Application. To enable Leicestershire County Council to provide support to the appointed Travel Plan Co-ordinator and produce audit annual Travel Plan performance reports. To accommodate the impact from this development on the highway network.

Request by LCC Ecology

Amount /Detail Delivery CIL Justification Policy Basis Contribution of £32,010 towards mitigating the net loss of biodiversity on the site which will arise from the development.

Commencement of development.

To comply with Government policy in the National Planning Policy Framework to compensate for net biodiversity loss.

National Planning Policy Framework (Section 15) Harborough Local Plan Policy GI5.

Notes to applicant:

1) You are advised that this proposal may require separate consent under the

Building Regulations and that no works should be undertaken until all necessary consents have been obtained. Advice on the requirements of the Building Regulations can be obtained from the Building Control Section, Harborough District Council (Tel. Market Harborough 821090). As such please be aware that complying with building regulations does not mean that the planning conditions attached to this permission have been discharged and vice versa.

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2) You are advised that the Written Scheme of Investigation (WSI) must be prepared by an archaeological contractor acceptable to the Planning Authority. To demonstrate that the implementation of this written scheme of investigation has been secured the applicant must provide a signed contract or similar legal agreement between themselves and their approved archaeological contractor.

3) You are advised that planning permission does not give you approval to work on the public highway. To carry out off-site works associated with this planning permission, separate approval must first be obtained from Leicestershire County Council as Local Highway Authority. This will take the form of a section 278 agreement. It is strongly recommended that you make contact with Leicestershire County Council at the earliest opportunity to allow time for the process to be completed. The Local Highway Authority reserve the right to charge commuted sums in respect of ongoing maintenance where the item in question is above and beyond what is required for the safe and satisfactory functioning of the highway. For further information please refer to the Leicestershire Highway Design Guide which is available at https://resources.leicestershire.gov.uk/lhdg.

4) To erect temporary directional signage you must seek prior approval from the Local Highway Authority in the first instance (telephone 0116 305 0001).

5) It is recommended that no burning of waste on site is undertaken unless an

exemption is obtained from the Environment Agency. The production of dark smoke on site is an offence under the Clean Air Act 1993. Notwithstanding the above the emission of any smoke from site could constitute a Statutory Nuisance under section 79 of the Environmental Protection Act 1990.

6) A Public Right of Way must not be re-routed, encroached upon or obstructed in

any way without authorisation. To do so may constitute an offence under the Highways Act 1980.

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Planning Committee Report

Applicant: Willoughby (610) Ltd Application Ref: 20/01194/FUL Location: Red Lion, 5 Main Street, Great Bowden, Leicestershire Proposal: Temporary siting of a converted storage container for serving outdoor food and drink and renovation to existing pergola (retrospective) Application Validated: 07/08/2020 Target Date: 02/10/2020 (extension of time agreed) Consultation Expiry Date: 10/09/20 Site Visit Date: 08/10/20 Case Officer: Emma Baumber Reason for Committee decision: Public interest.

Recommendation

Temporary Planning Permission is APPROVED, for the reasons set out in the report and subject to the Planning Conditions set out in Annexe A of this report. Recommended justification statement The design of the storage container is not considered to demonstrate a high standard of design, it is not considered to be inspired by, respect nor enhance local character and as such the proposal does not comply with Policy GD8 nor Policy H6 of the Great Bowden Neighbourhood Plan. However, it is considered that the business benefits of the retention of the storage container (economic development and employment generation) during and in the recovery phase of Covid-19 outweigh the proposals conflict with GD8 of the HLP and H6 of the Great Bowden Neighbourhood Plan and therefore a temporary consent of two years is judged to be an appropriate. Furthermore, this temporary consent will allow for the residential amenity impacts to be assessed.

1. Site & Surroundings

1.1 The Red Lion Public House is located in the centre of Great Bowden fronting Main

Street. The pub has a pub garden to the rear with an existing decked area closest to the pub and a gravel area beyond with a number of outdoor tables. There is a gravelled parking area to the west of the site which is not formally demarked into bays. The pub is surrounded by residential properties.

1.2 The site is within the Conservation Area and there are a number of Listed buildings

nearby, the closest of which is No.11 Main St which is the neighbouring property to the west of the car park. The Red Lion is recognised as an Asset of Community Value in

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the Great Bowden Neighbourhood Plan. The Red Lion had been closed for a number of years before the pub garden was re-opened in July during the Covid-19 pandemic.

Figure 1. Site location (left) and aerial view (right)

2. Site History

2.1 The site has the following relevant planning history:

- 20/01468/FUL- Temporary siting of converted storage containers forming a quadrant courtyard for the purposes of providing covered outdoor space and serving food and drink, temporary removal of smokers shed and outside kiosk bar (retrospective application) (PENDING CONSIDERATION)

3. The Application Submission

a) Summary of Proposals

3.1 The application, which is retrospective, is for the temporary siting of a storage

container and for renovations to an existing pergola within the pub garden to the rear of the pub itself.

3.2 The container is situated in what was part of the kitchen yard close to the rear of the

pub. The container is 2.9m in height, 6m wide and 2m deep. The container is proposed to be used for serving food and drink with two service openings to the front accessed from the decking. Staff access is to the side with links to the existing kitchen area.

3.3 An existing pergola has also been renovated with new rafters and sheeting material

which extends over approximately 30m of the existing decking (depth 4m, width 7.8m).

3.4 The applicants state that as a direct result of Covid-19 the interior of the public house

building is not accessible by the public other than the use of its toilet facilities. All public access is within the garden to the rear (which forms part of the licensed premises). The addition of the container does not increase the capacity of the licenced public house.

3.5 The temporary closure of the car park which has occurred, alongside other structures

which have been placed on the car parking area, do not form part of this application.

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b) Documents submitted

i. Plans

4.1 The application has been accompanied by the following plans and documents – Planning Statement Proposed Elevations and Floor Plans Proposed Site Plan Existing Floor Plans and Elevations Existing Site Plan Site Location Plan

c) Pre-application Engagement

4.2 No pre-application advice has been sought or provided.

5. Consultations and Representations

5.1 Consultations with technical consultees and the local community were carried out on

the application. This occurred on 10th August 2020 including a site notice put up on 11th August 2020. The consultation period expired on 10th September 2020.

5.2 Firstly, a summary of the technical consultee responses received is set out below. If

you wish to view the comments in full, please go to: www.harborough.gov.uk/planning

a) Statutory & Non-Statutory Consultees

HDC Environmental Health 5.3 The application is for a temporary siting of a converted storage container for the

purpose of drink sales and food preparation. I understand that the application is primarily to allow the premises to operate during the COVID pandemic.

Whilst I have some concern about the impact that it may have on the surrounding area (for example, no information has been submitted in relation to abatement of cooking odours, I understand that the premises offers a limited menu which is not considered to be either fragrant or greasy.

As such, I would happily support a temporary consent for the container at this moment in time to assess the impact the development may have on the local amenity.

HDC Conservation Officer 5.4 The application relates to a building located within the Great Bowden Conservation

Area. The converted container is located immediately to the rear of the pub and is adjoined

to a previously existing pergola which I understand has been roofed

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Its red colour makes in a noticeable feature within the garden, but its height, location and screening mean it is not readily visible from the public highway within the conservation area.

Overall, given its scale and location I do not consider it causes harm to the character

and appearance of the conservation area. As such I have no objection to this proposal.

b) Local Community

5.5 Two objections from one household and one general comment from another

household have been received. The comments are summarised below and can be viewed in full on the Councils website.

- Objections to the pub opening and serving food without opening the car

park - As the car park has been shut Main St has become a lot busier making it

difficult to park along and difficult to drive along. - A converted shipping container is unsuitable for a conservation area and

next door to a Grade II Listed property - Light pollution from open door in the evening - Location and materials generates sound pollution as metal barrels are

dragged across concrete, this is work that would normally take place in the cellar

- Further structures have been placed on the land - Increase in smells from the structures

6. Planning Policy Considerations

6.1 Please see above for planning policy considerations that apply to all agenda items.

a) Development Plan

o Harborough Local Plan (HLP) 2011-2031

6.2 The below policies are considered most relevant to this application:

• GD8 – Good design in development

• HC1 – Built heritage

• HC3 – Public houses, post offices and village shops

o Great Bowden Neighbourhood Plan

• H6 – Design Standards

b) Material Planning Considerations

o National Planning Policy Framework

6.3 Whilst read as a whole of particular relevance are:

• Chapter 2- Achieving sustainable development

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• Chapter 4- Decision making

• Chapter 8- Promoting healthy and safe communities

• Chapter 9- Promoting sustainable transport

• Chapter 12- Achieving well-designed places

• Chapter 14- Meeting the challenge of climate change, flooding and coastal change

• Chapter 15- Conserving and enhancing the natural environment

• Chapter 16- Conserving and enhancing the historic environment

o National Planning Practice Guidance o Planning (Listed Buildings and Conservation Areas) Act 1990

7. Assessment

a) Principle of Development

7.1 The storage container and pergola are sited within the existing pub garden. Policy HC3 of the HLP states that development at public houses will be permitted in order to assist in their diversification including extensions and alterations to provide kitchen and restaurant facilities and improvements to the external environment. The proposal therefore accords with policy HC3 and supports the diversification and expansion of facilities at the existing pub and the principle of development is therefore acceptable.

b) Technical Considerations

1. Design and Visual Amenity including Heritage Assets

7.2 Policy GD8 of the Harborough Local Plan (HLP) requires developments to achieve a high standard of design which is inspired by, respects and enhances local character. Development should be designed so that it integrates well into the existing street scene. Policy HC1 refers to heritage assets and their settings. Development affecting heritage assets will be appraised in accordance with national policy and will be permitted where it protects, conserves or enhances the significance, character appearance and setting of the asset. Where a proposal would lead to harm this will be weighed against the public benefits of the proposal. Similarly, Policy H6 of The Great Bowden Neighbourhood Plan (GBNP) requires new developments to enhance and reinforce local distinctiveness and character, developments should not disrupt the visual amenities of the street scene. Materials should complement the historic context.

7.3 The application site is located in the traditional core of the village, part of the wider

Conservation Area with a number of attractive, traditional buildings (including the pub itself) nearby. As mentioned above Number 11 Main St, is Grade II Listed and neighbours the site to the west. As seen below the storage container is not visually attractive, the material, colour and overall appearance is not in keeping with the nature/appearance of the surrounding area. Storage containers are by their nature temporary structures and this in itself does not respect the character of the area.

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Figure 2 – Photo of the container and pergola from the pub garden decking area

7.4 The below photo, taken from within the pub garden demonstrates the juxtaposition

between the current proposal compared to the traditional built form which surrounds it:

Figure 3. Photo of container and rear elevation of The Red Lion 7.5 It is acknowledged that Policy GD8 of the HLP does not prohibit designs which are

individual or innovative, yet the policy states that designs should be sympathetic to local vernacular including local building materials – the proposal fails to do so. As such

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it is considered that by virtue of the proposals design it is not inspired by, nor does it respect or enhance local character and the distinctiveness of Great Bowden and therefore fails to accord with GD8 of the HLP.

7.6 Whilst the design and materials (including the red colour) of the container are not

considered to respect the surroundings, this harm is reduced owing to the siting of the structure which is immediately to the rear of the pub, close to and well associated with the building itself. The structure is reasonably well screened from public views from Main Street by both the Red Lion itself and by the fence and vegetation which separates the pub garden and car park as seen in the below photos. Given the limited visibility of the structure from the public highway in the conservation area and given its scale, location and that a temporary consent is proposed no harm is found to the character and appearance of the conservation area. Furthermore, given the screening and siting of the structure which is separated from No.11 by the parking area no harm is found to the significance of the Listed asset - No.11 Main Street. The proposal therefore complies with HC1.

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Figure 4-6. Views from road

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Figure 7. View from road of Red Lion (left) and Grade II Listed No. 11 (right)

7.7 The alterations to the pergola including new trusses and a new roof are considered to

be acceptable. The alterations have not increased the scale or dominance of the pergola and the choice of materials are in keeping and respect local character.

7.8 To conclude, officers consider that the proposal does not demonstrate a high standard

of design which is required by GD8. However, it is considered that the business benefits of the proposal should be taken into account. Mindful of, for example, of paragraph 80 of the NPPF (“Building a strong, competitive economy”) which states that significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development. Covid-19 has introduced unique factors for many businesses and has led to a need to provide more outdoor space for customers of public houses, restaurants, cafes etc. In this case this has coincided with the refurbishment of the interior of the pub. It is considered that the proposal has allowed for the reopening of The Red Lion, which has been closed for some time, and will support the business to adhere to social distancing. It is considered that the business benefits of the retention of the storage container (economic development and employment generation) during and in the recovery phase of Covid-19 outweigh the proposals conflict with GD8. A temporary consent of two years is judged to be an appropriate balance between the temporary nature of the structure, the resultant conflict with GD8 and the temporary public benefits of the proposal in enabling the pub to operate.

2. Highways

7.9 Policy GD8 of the HLP requires developments to provide safe access and parking for

highways users. The closure of the parking area is regrettable as patrons and staff members will therefore park on the street when visiting the site by car, as such the

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concerns of residents is understood. However, the temporary closure of the car park does not form part of the current application and the matters under consideration here do not relate to the closure of the car park nor prohibit its use in the future. The structure is sited on the former pub garden and not the parking area, nor does the proposal intensify the use of the site and as such this proposal itself is not judged to lead to additional harm to highways safety.

3. Residential Amenity

7.10 Policy GD8 of the HLP states that developments should not cause significant adverse harm to neighbouring amenity through overshadowing, overdominance or loss of privacy. Nor should developments generate a level of activity, noise, vibration, pollution or unpleasant odour emission which cannot be mitigated to an appropriate level and so would have an adverse impact on amenity and living conditions. Similarly, Policy H6 of the GBNP states that proposals should minimise the impact on general amenity given careful consideration to the above factors outlined in GD8.

7.11 The proposal is judged to be of a scale and with sufficient separation from surrounding

residential properties to minimise overlooking, loss of light or overdominance as a result of the additional structure.

7.12 Concerns have been raised by a neighbouring resident regarding light and odour as a

result of the proposal. In addressing odour, HDCs Environment Team have assessed the proposal and have also judged that there is some concern about the impact that the proposal may have on the surrounding area (for example, no information has been submitted in relation to abatement of cooking odours). The Environment Team noted that the premises offers a limited menu which is not considered to be either fragrant or greasy. As the proposal is for a temporary consent, primarily to allow the premises to operate during the COVID pandemic the HDC Environment Team would support a temporary consent. This would allow time to assess the impact the development may have on the local amenity.

7.13 As the structure is located within the pub garden, close to the existing building

additional light pollution is unlikely to be significantly adverse to the existing situation. For example, through light spillage from surrounding windows, including those in residential properties or from lighting provided in the existing pub garden. The scheme would not increase capacity of the pub and again the structure is within the existing pub garden, very close to the pub itself where patrons would be permitted to eat/drink regardless of the current scheme as such additional noise generation is not deemed to be significantly adverse.

7.14 The temporary consent proposed is therefore judged to comply with GD8 of the HLP

and H6 of the GBNP.

8. The Planning Balance / Conclusion

8.1 The design of the storage container is not considered to demonstrate a high standard

of design, it is not considered to be inspired by, respect nor enhance local character and as such the proposal does not comply with Policy GD8 nor Policy H6 of the Great Bowden Neighbourhood Plan. However, it is considered that the business benefits of the retention of the storage container (economic development and employment generation) during and in the recovery phase of Covid-19 outweigh the proposals conflict with GD8 of the HLP and H6 of the Great Bowden Neighbourhood Plan and therefore a temporary consent of two years is judged to be an appropriate.

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Furthermore, this temporary consent will allow for the residential amenity impacts to be assessed.

Annexe A – Planning Conditions

1) Temporary Consent The development hereby permitted is granted for a temporary period which expires on 30 September 2022. On or before that date, the storage container shall be removed and the land shall be restored to its former condition (all associated infrastructure, hard standing etc shall be removed from the site by that date).

REASON: To limit the harm caused by the storage container to the character and appearance of the area and on residents to a temporary period where the temporary business benefits of the storage container outweigh the conflict with Policies GD8 of the Harborough Local Plan and Policy H6 of the Great Bowden Neighbourhood Plan.

2) Approved Plans The development hereby permitted is in accordance with the approved plans: L316-BRP-00-00-DR-A-0304-P01 L316-BRP-00-00-DR-A-0302-P01 REASON: For the avoidance of doubt.

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COMMITTEE REPORT

Applicant: Mr Manjit Bahi Application Ref: 20/01263/FUL Location: Weaver Cottage, 21 Main Street Great Glen Proposal: The separation of existing dwelling to create two dwellings 8 Week Target Date: 13.10.2020 (E.O.T Agreed) Consultations/Neighbours Expiry Date: 16/09/2020 & 15/09/2020 – No.19 Main Street, the PC and Highways were re-consulted on the amended plan 05/10/2020 EXP 19.10.2020 Site Notice Expiry Date: n/a Advertisement Expiry Date: n/a Weekly List Expiry Date: 23/09/2020 Site Visit Date: 17/09/2020 Case Officer: Nicola Parry Reason for committee report: If approved and built the resulting two dwellings shall not provide car parking spaces in accordance with the GGNP.

1. Site & Surroundings

1.1 The application site is a two storey end of terrace cottage located on the west side of

Main Street in Great Glen. It is the only cottage within the row of terraces to have off-road parking for one vehicle which is positioned to the side of the property.

1.2 To the north is a residential property (No.19 Main Street). Opposite is No.7 Packe Terrace and Ruperts Way. To the rear is a workshop (which has consent to be demolished and repalced with 10 dwellings (Ref:19/01842/FUL)

1.3 There is no Conservation Area in Great Glen and no nearby listed buildings.

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Site Location Plan

Aerial Photo

2. Site History

2.1 The site has no planning history – however from looking at aerial and street

photography, together with property numbering there is evidence the property may have originally been constructed as two separate properties and then became a single property.

3. The Application Submission

a) Summary of Proposals

3.1 This application seeks full permission to separate the existing dwelling into two

dwellings. 3.2 Each dwelling would provide 2 bedrooms.

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3.3 In order to overcome the PC objection (see Para 4.3 below) an amended site plan has been submitted, showing a second parking space can be created behind the existing parking space.

Amended Site Plan

4. Consultations and Representations

4.1 LCC Highways Original Comment The Local Highway Authority refers the Local Planning Authority to current standing advice provided by the Local Highway Authority dated September 2011. A slight shortfall in onsite parking provision may be acceptable given the presence of waiting restrictions along the site frontage. Amended Comment The LHA advises the LPA to consider the following: --When taking revised drawing 1068/01, published on 5 October 2020 and its usability into consideration, a slight shortfall in onsite parking provision may be acceptable given the presence of waiting restrictions along the site frontage. --If any vehicular access gates are to be erected they should be set back a minimum distance of 5m behind the Highway boundary and should be hung so as to open inwards only. 4.2 LCC Ecology The proposed separation of the existing dwelling under application 20/01263/FUL does not appear to affect the existing roof space. Therefore, no bat survey is required, and I have no comments on or objections to the proposal. 4.3 Great Glen Parish Council Original Comment

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The Council object to this proposal on grounds that there is already insufficient parking in this sensitive area of the village. To add additional pressure will only compound this problem. Amended Comment Object. On grounds of parking on a busy road. The symmetry of the building/block would be destroyed with the addition of another door. 4.4 Local Community No.19 and 25 Main Street, 6 and 7 Packe Terrace and 20-24 Church Road were notified of the Application. No.19 has been re-consulted following the amended plan. No comments have been received at the time of writing this report.

a) Development Plan

5.1 Harborough Local Plan

• SS1 -Spatial Strategy

• GD2 – Settlement Development

• GD8 – Good design in development

• H1 – Provision of new housing

• H5 – Housing density, mix and standards 5.2 Great Glen Neighbourhood Plan Review Referendum Version 2011-2031

• POLICY GG2: SETTLEMENT BOUNDARY

• POLICY GG3: HOUSING PROVISION WINDFALL SITES

• POLICY GG4: HOUSING MIX

• POLICY GG6: DESIGN QUALITY

• POLICY GG7: LOCAL HERITAGE ASSETS OF HISTORICAL AND ARCHITECTURAL INTEREST

• POLICY GG21: RESIDENTIAL PARKING

• POLICY GG24: TRAFFIC IMPACT

b) Material Planning Considerations

5.3 The National Planning Policy Framework 5.4 LCC Highways Standing Advice

6. Assessment

Principle of Development 6.1 Policy SS1 seeks to direct development towards the most sustainable locations,

identified by the level of ‘key services’ provided within the village/town. The site is

within the village of Great Glen which is a Rural Centre. Within Rural Centres

development within the existing or committed built up area are permitted where it

respects the form and character of the existing settlement (Policy GD2 a.)

6.2 The site is located within the settlement boundary of Great Glen as identified on Figure

3 of the Great Glen Neighbourhood Plan (GGNP).

6.3 The principle of residential development is therefore accepted.

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Design

6.4 Policy GD8 and GG6 permit development where it achieves a high standard of design.

6.5 The proposal is for the subdivision of an existing dwelling into 2 x 2 bedroom

properties. As such, the majority of the works proposed are internal. The only

noticeable change externally on the front elevation will be the replacement of a window

with a door, as indicated on the elevation plan below:

6.6 The Parish Council have raised concern that the symmetry of the building / block would

be destroyed with the addition of another door. However, Officers disagree, as it would

reflect the symmetry of the other buildings within this block, which are in the main, front

door, followed by a window – see photo below.

Existing Block – front door, followed by a window

6.7 Consequently, the proposal will respect and integrate into the existing character of the

immediate streetscene.

Impact on Local Heritage Assets

6.8 Within the GGNP, a number of buildings have been identified on figure 4 as being locally important and warranting notice, preservation and/or enhancement of the development of the Plan. Of those buildings identified is “Packe Row, 21 – 35 Main Street (‘Peep Row’)”.

6.9 The application site is No.21 Main Street and so falls within the building identified.

GGNP Policy GG7 advises Development proposals that affect the buildings and

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structures of local historic or architectural interest, or their setting, will be expected to conserve their historic and architectural interest in those development proposals.

6.10 Given the only external change is the replacement of a window with a front door as

referred to in the ‘Design’ section above, the proposal will not affect the setting of this local heritage asset.

Impact upon Residential Amenity

6.11 The property is an existing dwelling and no new windows are proposed. The creation

of an additional parking space will be located alongside the side boundary fence of

No.19, with No.19’s garden the other side of this fence. No.19 may be disturbed as

result of the comings and goings to and from the vehicle parked in this space, however

the creation of a hardstanding area for parking within a residential curtilage is permitted

development.

Impact upon Highway Safety 6.12 Policy GD8 of the HLP states that development will be permitted where it ensures safe

access, adequate parking and servicing areas, and safe, efficient and convenient movement of all highway users. GGNP Policy GG21 requires at least two off-street car parking spaces within the curtilage for each new dwelling.

6.13 The terraced properties on Main Street have no off-road parking and single yellow lines prevent parking on the road. However, the application site does have one off road parking space available at the side of the property (see photo below), which will be retained as part of the proposal. The amended plan also demonstrates that a second parking space could be created, thereby satisfying Policy GG21 for the new dwelling. This would leave the existing property without any parking. However, this property will have the option to park in the small public car park opposite

6.14 Furthermore, the site is located within a sustainable location with a regular bus service (30mins) which provides an alternative mode of transport. In addition, as County Highways have raised no objection given the on street parking restrictions, Officers contend it would be difficult to defend a reason for refusal on the grounds of substandard parking provision and its resultant harm to highway safety.

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Photo showing No.21 Main Street, with existing parking for one vehicle and yellow

lines on the highway.

7. RECOMMENDATION: APPROVE

Appendix A Suggested Conditions

1. Commencement of Development

The development hereby permitted shall begin within 3 years from the date of this decision. REASON: To meet the requirements of the Town and Country Planning Act 1990 (as amended).

2. Amended Plans The development is hereby approved in accordance with the following plans: -- Location and Site Plan - 1068/01 – amended October 2020 -- Proposed Elevations/Floorplans – 1068/03 REASON: For the avoidance of doubt.

3. Parking provision Prior to 1st occupation of the newly created dwelling, the parking provision as shown on the amended site plan referred to in Condition 2 shall be provided and retained in perpetuity REASON: To ensure parking is retained for the new property, to avoid on street parking and to accord with Great Glen Neighbourhood Plan Policy GG21.

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4. Access Gates

Vehicular access gates to serve the car parking area shall only be erected in accordance with details that have been previously submitted to and approved in writing by the Local Planning Authority. REASON: In the interests of highway safety

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Planning Committee Report

Applicant: Mr and Mrs Mark and Naomi Rose Application Ref: 20/01334/FUL Location: 14 Coventry Road, Lutterworth, LE17 4RB Proposal: Erection of a garden shed Application Validated: 01/09/20 Target Date: 27/10/20 Consultation Expiry Date: 21/05/20 Site Visit Date: 14/09/20 Case Officer: Matthew Jedruch Reason for Committee decision: Applicant is employed by Harborough District Council

Recommendation

Approve - The development hereby approved, by virtue of its nature, siting and use would not adversely affect the character and appearance of the dwelling, Conservation Area or residential amenity. The proposal is therefore considered to comply with the Harborough Local Plan. It is not considered that there are any material considerations which would outweigh the policies of the development plan or indicate that the proposal would result in demonstrable harm to interests of acknowledged importance.

1. Site & Surroundings The site is located approximately 200m to the west of the town centre of Lutterworth, within the Lutterworth Conservation Area, and consists of a three-storey, semi-detached Victorian town house with a paved front drive and a large, dogleg-shaped garden to the rear. The dwelling itself is constructed of red brick and slate roof tiles, with a number of period features, such as a first-floor front balcony and ornamental second floor gable.

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Site Location (Uniform)

Block Plan

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Front elevation

2. Site History

2.1 12/01027/FUL - Erection of a single storey extension to the rear - Approved

3. Reason for Referral to Committee

3.1 The application has been referred to Committee as the applicant is employed by

Harborough District Council.

4. Proposal

4.1 The proposal is to erect a timber garden shed on the eastern boundary of the rear garden. Proposed Dimensions Depth: 5.5m Width: 2.45m Height (excluding 0.15m base): 1.95m (eaves), 2.5m (ridge and flat roof)

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5. Consultations and Representations

6 neighbouring dwellings consulted – No comments or objections. County Ecology - I have no objections to this planning application. The application site is within

a Swift Alert Area, where opportunities for artificial nest sites should be taken within proposed development. However, this development does not provide an opportunity for this enhancement and no new nest boxes will be required.

Lutterworth Town Council: No Comment. Conservation Officer (not formally consulted): No objection.

6. Planning Policy Considerations

Policy Assessment: As this application is for an extension within Lutterworth Conservation Area, Harborough Local Plan Policies GD8 and HC1 are relevant. Policy GD8 of the Local Plan states that design must be of a high standard and be inspired by, respect and enhance local character and distinctiveness of the settlement, where appropriate be individual and innovative yet sympathetic to the local vernacular, including in terms of building materials, in areas with high heritage value reflect those characteristics that make these places special, respect the context and characteristics of the individual site, street scene and the wider local environment to ensure it is integrated as far as possible into the existing built form, and minimise impact on the amenity of existing and future residents by not

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having a significant adverse effect on the living conditions of existing and new residents through loss of privacy, overshadowing and overbearing impact. Policy HC1 states that development affecting heritage assets and their settings will be permitted where it protects, conserves or enhances the significance, character, appearance and setting of the asset, including where possible better revealing the significance of the asset and enabling its interpretation. Development within or affecting a Conservation Area will be permitted where it preserves or enhances the character or appearance of the Conservation Area, including local design and materials.

Neighbouring Amenity The siting and size of the garden shed, along with the presence of boundary treatment between this site and No. 12, will ensure that it does not affect residential amenity. It is considered that residential amenity is safeguarded and that the proposal therefore complies with Policy GD8 of the Harborough Local Plan. Design and Impact Upon the Conservation Area The shed is 5.5m long by 2.45m wide and is to be sited towards the front of the rear garden, next to the fence along the eastern boundary with No. 12. It is to be constructed of timber with two glazed windows on the west side elevation that faces into the garden. The proposed shed is small scale and sited such that it will have no impact on the Conservation Area as it will not be visible from Coventry Road and is well contained within the garden of No. 14., whilst being appropriately subordinate to the main dwelling house. The proposal is therefore considered to comply with Policy GD8 and HC1 of the Local Plan. 7. Conclusion The development hereby approved, by virtue of its nature, siting and use would not adversely affect the character and appearance of the dwelling, Conservation Area or residential amenity. The proposal is therefore considered to comply with the Harborough Local Plan. It is not considered that there are any material considerations which would outweigh the policies of the development plan or indicate that the proposal would result in demonstrable harm to interests of acknowledged importance. Conditions / Reason: 1. The development hereby permitted shall begin within 3 years from the date of this decision. Reason: To meet the requirements of the Town and Country Planning Act 1990 (as amended).