It is established planning policy, at both national and local level, that new development should be permitted outside established settlements in exceptional circumstances only. These circumstances normally relate to an agricultural need. The application site is located in the countryside and the principle of the development of this site for housing is clearly contrary to existing saved Local Plan policies which are designed to protect the open countryside. The lack of a 5 year supply is a material consideration which must be weighed against this. However, in this instance it is considered that the proposal will appear unduly visually prominent and intrusive given the location of the site and as such is significantly harmful to the surrounding countryside and its rural character. The proposed development would therefore conflict with the provisions of Planning Policy Statement 7: Sustainable Development in Rural Areas and saved Policies ST/1 (ii), CT/1 and CT/2 of the adopted Borough of Charnwood Local Plan which seek to protect the rural character and appearance of the countryside. Accordingly, it is considered that it has not been demonstrated that the proposal is in a suitable location for development and is contrary to paragraphs 54 of PPS3. Therefore in this instance the need to meet the requirement of a 5 year supply of land does not outweigh the harm to the character of the open countryside and wider visual landscape.

It is established national planning policy that new development should be permitted within sustainable locations. Rothley primary school has insufficient capacity to cope with the demands of such a large scale development. The lack of a 5 year supply is a material consideration which must be weighed against this. However, in this instance the site would be located in an area which can not cope with the demands generated by the development and families would have to rely heavily upon private transport to attend primary school education, resulting in a unsustainable development. The local infrastructure and capacity of the area are currently unable to cope with this level of development proposed and as such the proposed application site is considered to be unsustainable and inappropriate and should not be released from the countryside for residential development as the proposal would be contrary to policies ST/2 and ST/3 of the Borough of Charnwood Local Plan and PPS3. Accordingly, it is considered that it has not been demonstrated that the proposal is suitable for development and is contrary to paragraphs 54 and 69 of PPS3. Therefore in this instance the need to meet the requirement of a 5 year supply of land does not outweigh the harm caused by its unsuitability, nor the potential impact on future residents of the site which would need to travel over 2 miles to access essential primary school education.

Policy ST/3 of the Borough of Charnwood Local Plan indicates 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. Contributions to educational requirements, highway improvements, public transport, library facilities, health facilities, civic amenity, youth/adult and childrens's play provision, are required, along with the provision of affordable housing at a rate of 30% of the total number of dwellings, the bridge and provisions set out within the landscape management strategy, which would need to be secured by a Section 106 Agreement. Although the developer has indicated that they would enter into such an agreement, at the time of the decision of the application, no completed agreement under Section 106 of the Town and Country Planning Act is in existence. The proposal is therefore lacking in the provision of these facilities that would have been secured through the contributions. The development could not be controlled by conditions to deliver these facilities and, therefore, in the absence of a mechanism that secures appropriate contributions to mitigate the harm to the provision of infrastructure the development would place unacceptable burdens on the provision of public facilities in these areas and would not, therefore, fulfil the requirements of saved Policies ST/3, H/5, TR/6, RT/3, RT/4 and RT/5 of the Adopted Borough of Charnwood Local Plan.

It is considered by the local planning authority the proposed development would fail to preserve or enhance the setting of the adjacent heritage asset known as the Rothley Conservation Area by virtue of having a substantially significant detrimental effect on the character and appearance of that area when viewed from the slope north of the Rothley Brook and moderately significant when viewed from Town Green Street. The proposal is therefore contrary to guidance in Planning Policy Statement 5 and its practice guide, and also the draft guidance published by English Heritage on "The setting of heritage assets". In addition the Conservation Area and its setting are of particularly valued by the community and fail to ensure the development preserves and or enhances the character and appearance of this area would be contrary to the intentions of saved policy ST/1 (ii) of the Borough of Charnwood Local Plan.