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October 1999

Minutes of a Meeting of Appleby Magna Parish Council, held at the Church Hall, on Friday 8th October, 1999


Mr. K. J. Colver, Mr. C. D. Didcott MBE TD, Mr. J. Lewis, Mrs. D. Morris, Mr. J. Quimby (in the Chair) and

Mr. D. H. Saunders.


The minutes of the meeting held on 10th September, 1999 were taken as read, confirmed and signed.

Members were informed that the Divisional Surveyor wished to meet members on site regarding the siting of a Parish Council notice board in the vicinity of the Post Office on Mawby’s Lane.

Members were also informed that the Highway Authority had refused the Parish Council permission to put dog fouling stencils on footways around the village. It was agreed to ask other councils who had used stencils if they had encountered any problems

Urgent Items

The Chairman informed members that he had agreed to take planning application 990925 - erection of 100 bedroon hotel with ancillary restaurant and associated car parking, junction A444/B5493, Rectory Lane as an urgent item of business.

Question Time

The Brook

Mrs. Shaw asked the Parish Council if it would authorise members to attend a site meeting between

Mr. H. Sankey BEM CC and Cllr. Richard Blunt to put pressure on the District Council to fund a flood aleviation scheme to which the County Council has committed £5000 in the present financial year. It was agreed that the Clerk arrange a site meeting and that a representative of the District Council be also invited.

Community Transport

Mr. Box asked the Council if it would apply for funding from the Coalfields Regeneration Trust to provide some form of community transport for the village. It was agreed that the Parish Council register for funding and that the matter be reconsidered at the next meeting of the Council when more information on the grant aid was available.

Cyclists and safety at night

Mr. Wightman expressed his concerns at the number of cyclists riding around the village at nights without lights and of pedestrians wearing dark clothing making them difficult to see. It was agreed that an item on this matter be included in the Parish News and local schools be asked to bring this matter to the attention of pupils.

Mr. Dunkelman asked if the Parish Council would make representations to the District Council at not being informed that site works were imminent in respect of the planning permission for the development of a 40 bed hotel at the junction of Rectory lane, B5493 and A444 and to which the District Council were well aware of the strong and sustained opposition from local residents and the Parish Council. Mr. Dunkelman was informed that this matter would be considered later in the meeting when the urgent planning application for that same site was being considered.

Declarations of Pecuniary and Non-pecuniary Interest

No such declarations were made.

Planning Application 990925 - Erection of 100 Bedroom Hotel

Urgent to enable the Parish Councils views on the application to be made within the prescribed timescale.

Following a lengthy discussion on this matter, to which those members of the public present at the meeting were allowed to comment, it was agreed that in respect of planning application 990925 - erection of 100 bedroom hotel with ancillary restaurant and associated car parking, junction A444/B5493, Rectory Lane the District Council be informed that the Parish Council objects most strongly to this application for the following reasons:-

  1. No need has been established for the development. Figures supplied by a similar local high class establishment have shown only a 50% to 60% occupancy Mondays to Fridays and 0 to 10% at weekends.
  2. The proposed hotel would represent a further unwarranted intrusion into the countryside for which there is no longer any justification having regard to lower levels of unemployment in the area and fewer jobs to be created than was the case when previous outline permission was granted in 1996.
  3. Before the application is considered the District Council should seek an Environmental Impact Assessment (EIA) under regulation 7(2) of SI 293/99 Town and Country Planning (Environmental Assessments) ( England and Wales) Regulations 1999 which came into force on 14th March 1999. Under paragraph 12© in the table in schedule 2 of those regulations an EIA should be requested for hotels where the site is at least 0.5 hectares and the development is likely to have a significant effect on the environment by virtue of factors such as its nature, size or location.
  4. The District Council should also consider whether an EIA is required under 1985/86 European Directive which states that approval of details is a development consent. There is recent caselaw on this matter -May, 1999 Brown v Rochdale metropolitan Borough Council v Tew.
  5. The District Councils attention is drawn to the developer having already broken the law on this site in implementing the existing permission for a 40 bedroom hotel in that they have no authority to remove any hedgerow in Rectory Lane to gain a temporary access to the site. This is an offence under The Hedgerow Regulations 1997 made under Section 97 of the Environment Act 1995 and which came into operation on 1st June, 1997. Retrospective permission should not be allowed.
  6. It is the understanding of the Parish Council that when the Rectory Lane hedgerow was removed the Highway Authority had not been consulted. A site access off Rectory Lane, which is within the area of the recently imposed 7.5 tonne weight restriction zone, would allow all site vehicles to come through the village. This is totally unacceptable.
  7. The Council is also requested to delay any decision on this very sensitive application to allow the Parish Council the opportunity to seek further advice from its consultants.

It was also agreed that legal advice be sought on the statement from the District Council that an EIA is not required for the development and that the Highway Authority be requested to take action on the unauthorised access to the site from Rectory Lane.

The District Council be requested to explain why it had not considered it necessary to inform the Parish Council that the implementation of planning permission 970127 for the erection of a 40 bedroom hotel was imminent knowing that there had been strong and sustained opposition to this development by local residents and the Parish Council alike.

Police Matters

There was no police presence at the meeting.

Budget and Financial Statements

That the information contained in the budget and financial statements from 1st April to 22nd September,1999 be noted.

Accounts for payment

Resolved that the following accounts be paid

100655 Mrs. E. Jeffrey - Clerks salary October/November/December 1999


100655 Mrs. E. Jeffrey - Petty cash 13/8/99 - 8/10/99


Planning Applications

That no objections be made in respect of the following planning applications :-

Recreation Ground


That consideration of estimates for the provision/erection of fencing around the play area and at the Bowleys Lane entrance be deferred to the next meeting of the Council.

Football Pitch

Following consideration of a letter of complaint from the Cricket Club regarding the condition of the football pitch and of problems associated with the soil and stone deposits near to the hard surface area, it was agreed that the matter be deferred to the next meeting of the Council to enable members to inspect the site.

Millennium Yew

Members were informed that a tree planting ceremony for the planting of the millennium yew would be held in the church yard immediately following the Remembrance Day service on Sunday 14th November 1999.

Invitation to the launch of ‘Leicestershire Memories’

Members were informed of the receipt of invitations to attend the launch of ‘Leicestershire Memories’ a publication by Trevor Hickman to be held at Brooksby Hall at 7.00 p.m. on Friday 12th November, 1999.

Urgent Items

There being no further urgent items of business the Chairman declared the meeting closed.