Agenda and minutes

A webcast of the meeting can be viewed at: https://www.youtube.com/watch?v=yBP1oa7gnYk

The minutes of the meeting held on 26 October 2023 were taken as read, confirmed and signed.

The Chief Executive reported that no questions had been received under Standing Order 34.

The Chief Executive reported that no questions had been received under Standing Order 7(3) and 7(5).

There were no urgent items for consideration.

The Chairman invited members who wished to do so to declare any interest in respect of items on the agenda for the meeting.

Mr. K. Merrie CC declared a non-registerable interest in agenda item 7: application from Mick George Ltd relating to Husbands Bosworth Quarry as Mr. Merrie CC was a member of Ellistown Parish Council and Mick George Ltd had operations in that area.

The Chief Executive reported that no petitions had been received under Standing Order 35.

The Board considered a report of the Chief Executive, a copy of which, marked ‘Agenda Item 7’, is filed with these minutes.

In accordance with the procedures for making representations to the Board Mr. Stephen Constable-Maxwell spoke regarding the proposals. Mr Constable-Maxwell clarified that although he was a local resident and had his own view on the proposals, he had been asked to speak on behalf of the applicant on this particular occasion. 

In response to a question from a member, it was clarified that there were no requirements in place at the current time for the site in relation to HGV routing, though the application which was under consideration did propose a route for vehicles exiting the site prior to 7am.

RESOLVED:

That the application be refused.

Reasons For Refusal

1.           The proposal is for the introduction of up to ten HGV movements from the application site before 0700. It is considered that movements at this time from the site would introduce industrial operations at the site at an inappropriate time of day (night time) causing unacceptable harm to the rural environment and residential amenity. It has been found that this harm cannot be suitably mitigated. The proposal conflicts with Policy DM2 of the Leicestershire Minerals and Waste Local Plan (adopted 2019) which relates to the local environment and community protection and paragraph 174, e) of the NPPF with respect to unacceptable levels of noise pollution.

2.           The proposal would have unacceptable adverse impacts upon the health and wellbeing of residents. It is considered by both relevant Environmental Health officers that the current restriction that limits HGV movements until after 07:00 is entirely appropriate, HGV movements should not be permitted prior to 07:00 as doing so will result in adverse noise impact and may cause sleep disturbance. This view is supported by the World Health Organisation’s Community noise guidelines (1999) and more recently the Night Noise Guidelines (2009), which both promote that noise during nighttime hours (23:00 to 07:00) be suitably managed so as to protect the public from sleep disturbance and the health impacts associated with that disturbance. The proposed alternate route does not alleviate any of these concerns, and would push the issue to an even quieter road, where HGV movements in these early hours of the morning would be even more disturbing. Overall, the proposal conflicts with policy DM2 of the Leicestershire Minerals and Waste Local Plan (adopted 2019). Additionally, the proposal would not support healthy lifestyles and would conflict with paragraph 92 c) of the NPPF.

3.       The proposed development in addition to the existing permitted operations would result in unacceptable adverse cumulative impacts arising from the site in terms of local amenity and noise pollution within the rural environment and upon local residents. On this basis, the proposal conflicts with Policy DM11 of the Leicestershire Minerals and Waste Local Plan (adopted 2019) and paragraph 211, b) of the NPPF.

4.           Further to this, there has been an insufficient demonstration of need and there is poor justification to start activity (HGV outbound movements) before the existing 7.00 am start time. The applicant has failed to provide adequate operational or economic reasons to justify the early start for HGVs that override any potential additional disturbance that such movements would cause. It has not been demonstrated that the early start would result in sufficient economic/social benefit, that outweigh the social and environmental harm and the policy conflict outlined above. Any economic benefits must be balanced against the environmental and social objectives of sustainable development. The application, if granted permission would have  ...  view the full minutes text for item 46.

The Board considered a report of the Chief Executive which set out the Delegated Decisions for the period 1 July 2023 to 30 September 2023. A copy of the report, marked ‘Agenda Item 8’, is filed with these minutes.

RESOLVED:

That the contents of the report be noted.

The Chairman advised that the next Board meeting would take place on Thursday 11 January 2024 at 2.00pm.