PPG17 states that existing open space, sports and recreational buildings and land should not be built on unless an assessment has been undertaken which has clearly shown the open space or the buildings and land to be surplus to requirements. In the absence of a robust and up-to-date assessment by a local authority, an applicant for planning permission may seek to demonstrate through an independent assessment that the land or buildings are surplus to requirements. Developers will need to consult the local community and demonstrate that their proposals are widely supported by them. The proposal results in the loss of allotments considered within the appendix of PPG17 to be an open space of public value and therefore subject to the guidance within PPG17. It is the opinion of the Local Planning Authority that the proposal fails to demonstrate that the allotments are surplus to requirements. Furthermore the balance of evidence does not indicate that the local community widely support the loss of the allotments. The proposal would therefore be detrimental to the wider interests of maintaining adequate land of public value as open space and therefore contrary to PPG17- Open Space Sport and Recreation which specifically seeks to maintain an adequate supply of open space and sports and recreational facilities, and to Policy H/16(xi) which states amongst other things that planning permission would be granted providing it does not involve the loss of recreational facilities for which there is a need in the the area.

Policy ST/3 of the Borough of Charnwood Local Plan indicate that developers should contribute to the cost of infrastructure and facilities required to support development. This is in accordance with advice contained in Circular 05/2005. In the absence of a mechanism that secures such necessary provision, the development would place unacceptable burdens on the provision of public facilities in these areas and would not, therefore, fulfil the requirements of the Policies ST/3, H/5 , RT/3 and RT/4 of the Local Plan and the Council's adopted Supplementary Planning Document 'Section 106 Developer Contributions'.

Inadequate information including a satisfactory indicative layout has been submitted to enable an accurate assessment of the proposed development on protected species within the site or within land edged blue as detailed on plan reference 3741.10. Therefore the applicant has failed to demonstrate that the development of the site for 21 houses including the detailed access road proposed can be undertaken without having a detrimental impact to the habitat of the local badger population and in particular significant loss of foraging territory and routes to other foraging areas. The proposal is therefore contrary to to Part IV of Circular 06/2005.

No assessment of the impact of the development on the adjacent Local Wildlife Sites, habitats of principal importance and impact on other legally protected species and species of principal importance accompanies the planning application. It is the opinion of Local Planning Authority therefore that inadequate information has been received to ensure that adjacent sites of ecological importance and habitats and species of principle importance and other legally protected species will not be adversely affected by this development.This is contrary to Planning Policy Statement 9 and Circular 06/2005 Biodiversity & Geological Conservation - Statutory Obligations and Their Impact within the Planning System and saved policy EV/22 of the adopted Borough of Charnwood local Plan which specifically requires planning permission should not be given to development which would adversely affect County and District sites of ecological interest.

The applicant has failed to demonstrate that the development of the site for 21 houses would be acceptable having regard to the need to protect the living conditions of future residents. In particular the proximity and orientation of plots 4,5,6,7 and 8 of indicative layout drawing no. 3741.10, to the protected trees at the rear of No.s 32-40 Sanders Road, is likely to result in inadequate access to sunlight to habitable rooms and rear gardens of these properties. As a result there is likely to be pressure to remove or reduce the height of the protected trees. Accordingly the it has not been proven that 21 houses can be demonstrated to be accommodated satisfactorily without being contrary to Policy H/16 of the saved Borough of Charnwood Local Plan (saved by the Secretary of State on 21st September 2007).