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Refusal Reasons Page for Planning Application - P/18/1679/2

Site AddressLand north of Kinchley Lane Rothley Leicestershire LE7 7SB 

Details

  • Application NumberP/18/1679/2
  • Site AddressLand north of Kinchley Lane Rothley Leicestershire LE7 7SB
  • Property AddressKinchley House, 12 Kinchley Lane, Rothley, Leicestershire, LE7 7SB

Reasons 7

Insufficient information has been submitted in support of the application to demonstrate that the proposed development, on land adjoining Mountsorrel Quarry, would not sterilise potential mineral resources and constrain future operations at Mountsorrel Quarry. Accordingly, the proposed development would be contrary with the relevant provisions of Policies MCS10 and MDC8 of the Leicestershire Minerals Development Framework Core Strategy and Development Control Policies DPD. Furthermore, it is considered that the proposed development would be contrary with the relevant provisions of Paragraphs 204 and 206 of the National Planning Policy Framework.


Reasons 1

The application site is outside the limits of development of the villages of Mountsorrel and Rothley within the open countryside. New development, including residential development, in the countryside will be strictly controlled. Planning permission will only normally be granted where essential for the needs of agriculture, horticultural, forestry and other activities appropriately located in the countryside. It is considered that the proposed development does not meet any of these exceptions and, therefore, the proposal would not be acceptable in principle. Accordingly, the proposed development would be contrary with the relevant provisions of up-to-date Development Plan Policies CS1, CS11 and CS25 of the Charnwood Local Plan (Core Strategy) and "saved" Policies ST/2 and CT/1 of the Charnwood Local Plan 2004. In addition, Paragraphs 78 and 79 of the National Planning Policy Framework is clear that new housing should be located where it will enhance or maintain the vitality of rural communities, and isolated new homes in the countryside should be avoided unless there are special circumstances. In promoting sustainable development in rural areas, the Framework therefore seeks to ensure that new residential development should not be detached from being part of a viable and vibrant rural community, where there would be access to day to day facilities without the need to travel. In this case, the proposed development would be contrary with the relevant provisions of Paragraphs 78 and 79 of the Framework due to its isolated location in respect of accessibility and sustainable transport.


Reasons 2

The proposed development would be contrary to Paragraph 79 of the National Planning Policy Framework which states that Local Planning Authorities should avoid new isolated homes in the countryside unless there are special circumstances, including the exceptional quality or innovative nature of the design of the dwelling. The proposal is not considered to be truly outstanding or innovative. The design of the proposed dwellinghouse has not been demonstrated to be sufficient to achieve the required outstanding or innovative standards and nor would it significantly enhance its setting to meet the tests of Paragraph 79.


Reasons 6

The submitted Extended Phase 1 Habitat Survey report (prepared by Leigh Ecology Ltd, dated 30th August 2017) does not provide a suitable basis for assessment to be made in respect of the ecological impacts arising from the proposed development. In particular, the submitted ecological report: " Fails to acknowledge any limitation in respect of the determination of main habitat types associated with the time of year or the particularly dry summer in which the survey was undertaken; " Is not supported by a species list; " Fails to acknowledge the presence of suitable habitat on-site for reptiles; " Provides no consideration of the value of the site for foraging and commuting bats; " Provides an inaccurate and vague assessment of the site for Great Crested Newts; " Provides a weak analysis, leading to an inadequate recommendation; and " Fails to acknowledge that the hedgerow located to the southern boundary of the site is subject to a Tree Preservation Order. Notwithstanding this, the proposed development would result in the loss of permanent pasture as well as harm to the eastern, southern and western boundary hedgerows, which will result in biodiversity loss for the application site, which in turn is considered to be significant in context of the scale of the site. Furthermore, the proposal affords no substantial mitigation in order to offset this loss. Accordingly, the proposed development would be contrary to Policy CS13 of the Charnwood Local Plan (Core Strategy) and Paragraphs 170 and 175 of the National Planning Policy Framework.


Reasons 4

The Applicant has failed to submit a Noise Impact Assessment to enable the Local Planning Authority to assess the impact of the operational activity associated with Mountsorrel Quarry on the residential amenity of the future occupants of the proposed development. In the absence of this information, the proposed development would be contrary with the relevant provisions of Development Plan Policy CS2 of the Charnwood Local Plan (Core Strategy) and Paragraphs 127 and 170 of the National Planning Policy Framework.


Reasons 5

The Applicant has failed to submit a Dust Assessment to enable the Local Planning Authority to assess the impact of the operational activity associated with Mountsorrel Quarry on the residential amenity of the future occupants of the proposed development. In the absence of this information, the proposed development would be contrary with the relevant provisions of Development Plan Policy CS2 of the Charnwood Local Plan (Core Strategy) and Paragraphs 127 and 170 of the National Planning Policy Framework.


Reasons 3

The proposed development, by virtue of siting, layout, scale, massing, built form and overall appearance, would fail to reflect the prevailing built and natural form along Kinchley Lane and the surrounding countryside. Accordingly, the proposed development would result in an incongruous form of development that would be harmful to the prevailing character and appearance of the local area, including the streetscene to Kinchley Lane and the immediate countryside setting. The proposal would, therefore, be contrary with the relevant provisions of Policies CS2 and CS11 of the Charnwood Local Plan (Core Strategy) and "saved" Policies EV/1 and CT/2 of the Charnwood Local Plan 2004. Furthermore, the proposal will be contrary with the relevant provisions of Paragraphs 79, 127 and 170 of the National Planning Policy Framework.


Other Information Available for Planning Application - P/18/1679/2