Self-build dwelling at Land Off Chapel Lane, Osgathorpe

What was proposed

The application sought permission in principle for one self-build home with associated garaging.

“Permission in principle for 1 self-build dwelling with associated garaging…”

“This application is made under the provisions of the Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (as amended). The proposal seeks permission in principle (PIP) for one self-build dwelling and associated garaging at Land Off Chapel Lane, Osgathorpe…”

Officer report

The site and surroundings

The greenfield site lies outside development limits beside homes, agricultural fields and two listed buildings.

“The site is located outside the Limits to Development, as defined by the Policy Map to the adopted North West Leicestershire Local Plan (2021). The application site is set to the south of The Warren beyond dwellings constructed under planning permission 20/01908/VCU, as well as to the east of Snarrows Road. The surrounding area is characterised by residential properties to the north and agricultural fields to the east, south and west.”

Officer report

Earlier applications and appeals

Earlier dwelling proposals were refused, and an appeal concluded that the site was unsustainable, harmful to local character and lacked foul drainage provision.

“The planning application 21/02030/FUL for the erection of a two-storey dwelling, garage and associated works was refused on 11 April 2022, and the resubmission application for a custom-build dwelling (22/01611/FUL) was refused on 9 February 2023. The applications were refused on the grounds of the proposal being contrary to Policies S2 and S3, heritage impacts, design grounds and the failure to demonstrate a suitable non-mains drainage scheme.”

“Application 22/01611/FUL was appealed by the applicant and subsequently dismissed by the Planning Inspectorate (under ref. no. APP/G2435/W/23/3324219), who concluded that the appeal site was not a sustainable location for the proposed development, that the scheme would be harmful to the character and appearance of the area, and that it would not make appropriate provision for foul drainage.”

Officer report

What officers recommended

Officers recommended approval because the self-build shortfall and economic benefits outweighed policy, transport, service and limited landscape harms.

“Balanced against the harms, the provision of additional self-build housing is afforded positive weight, and the need for self-build plots in the district is considered to be significant, with moderate weighting being given to the provision of one self-build plot.”

“Overall, it is considered that the harm derived from departing from Policies S2 and S3, in respect of the principle of development, the lack of access to a range of sustainable transport and day-to-day services, in addition to the limited landscape and visual harm which would arise owing to the development of a greenfield site in this location, would not significantly and demonstrably outweigh the benefits of one self-build dwelling when there is a recognised significant…”

Officer report

Consultation responses

The parish council objected, while ecology, environmental protection and water consultees raised no objections and highways referred to standing advice.

“No Objections from: Leicestershire County Council – Ecology Team. NWLDC Environmental Protection Team. Severn Trent Water.”

“Refers to Standing Advice Leicestershire County Council - Highway Authority.”

Officer report

Who spoke

The Senior Planning Officer presented the report, and the Planning and Development Team Manager read the parish council’s request for refusal.

Members’ concerns

Members questioned the application and raised concerns about limited services, repeated refusals and setting a precedent for self-build development.

“Due to the location of the area, members raised concerns about the lack of access to services such as transport links which would result in a failure to comply with Policies S2 and S3 in the Local Plan which promoted sustainable development.”

“Members noted the significance of repeated refusals and the risk of setting a precedent by approving the application based on self-build status.”

Minutes

The committee vote

Councillor D Bigby moved refusal, Councillor R Canny seconded it, and the motion was put to the vote.

“Members debated the merits of the application; however, they continued to raise concerns and went on to discuss possible reasons for refusal. After seeking advice from officers, Councillor D Bigby moved that the application be refused on the grounds that it conflicts with Policies S2 and S3 in the adopted Local Plan. It was seconded by Councillor R Canny.”

Minutes

The decision

The application was refused because it conflicted with Policies S2 and S3 of the adopted Local Plan.

“The application be refused on the grounds that it conflicts with Policies S2 and S3 of the adopted Local Plan.”

“Motion to refuse the application on the grounds that it conflicts with Policies S2 and S3 of the adopted Local Plan. Councillor Dave Bigby For Councillor Rachel Canny Abstain Councillor David Everitt For Councillor John Legrys For Councillor Peter Moult For Councillor Nigel Smith For Councillor Carol Sewell For Councillor Jenny Simmons For Carried…”

Minutes