Agenda and minutes

To receive apologies for absence and notification of substitutes (if any).

Apologies for absence were tabled by Councillor Peter Bedford with Councillor Paul Gleeson substituting.  Apologies were also tabled by Councillor Paul Skinner with no substitute member.

To sign and confirm the minutes of the last meeting.

With the agreement of the committee the Chairman signed the minutes of the previous committee meeting held on the 9 January 2018

To receive declarations of interests in respect of any item on the agenda.

The clerk confirmed that standing declarations of interest would be recorded for Councillors Alison Austin as a member of Lincolnshire County Council; in respect of Councillors David Brown, Michael Cooper, Sue Ransome and Claire Rylott as members of the South East Lincolnshire Local Plan and in respect of Councillors Michael Cooper and Claire Rylott as representatives of Internal Drainage Boards.

Councillor Stephen Woodliffe declared that he would absent from planning application B 17 0317 due to being conflicted in respect of his long standing association with Boston Grammar School who were identified as potential beneficiaries of monies within the request for a Section 106 obligation for funding, identified within the application.  Councillor Woodliffe further declared the same abstention from planning application B 17 0404 for the same reason in that potential monies would be provided to Boston Grammar School via a Section 106 obligation.

Councillor Barrie Pierpoint declared an interest in planning application B 17 0442 in that the applicant was known to him as a representative of his own dental practitioners.

Councillor Alison Austin declared she would absent from planning application B 17 0317 and speak as a member of the public on the application.  She confirmed she had a prejudicial interest in respect of the location of her own property to the application site and stated that on once she had made her representation she would withdraw from the meeting for the determination of that application.   Furthermore Councillor Alison Austin declared that she had been a guest at the recent Chestnut Homes Open Day and received some hospitality.

Councillor Michael Cooper declared that the application for planning application B 17 0442 was known to him through the Conservative Association but confirmed it would not have any bearing on his ability to make a clear and unbiased decision on the application.

Furthermore Councillor Michael Cooper declared that he had been a guest at the recent Chestnut Homes Open Day.

Councillor David Brown declared an interest in planning application B 17 0317 advising he had attended a fact finding tour of the site with former Parish Councillor John Chester alongside the current Chairman of Wyberton Parish Council Mrs Pat Cooper which had taken place on Friday 5^th January 2018.  Councillor David Brown stated he had made it quite clear that he had attended purely to listen and not make comment:  he confirmed that whilst he made one comment he remained open minded stating pre-disposition yes, pre-determination no and therefore felt himself able to deliberate the application without prejudice.

To answer any written questions received from members of the public no later than 5 p.m. two clear working days prior to the meeting.

No public questions were tabled.

At this point in the proceedings the clerk provided a point of information. 

An official planning committee site visit had taken place at 0930 hours at the location of planning application B 17 0442.  Only members’ who undertook an official site visit, could determine it at the meeting proper and the clerk confirmed all members had been in attendance throughout the site visit.

Erection of two storey side and rear extension and two storey front extension.

79 Pilley’s Lane  Boston  Lincolnshire  PE21 9RA

Mrs Ayesha Virk

Erection of two storey side and rear extension and two storey front extension.       

79 Pilley’s Lane Boston, Lincolnshire  PE21 9RA

Mrs Ayesha Virk

The Interim Development Manager presented the report confirming that he would provide a full overview of the application, which had been deferred from the last committee meeting to permit the site visit, in order for Councillor Paul Gleeson who had not been in attendance at the previous meeting, to receive a full presentation.

Representation was received in objection to the application by Mr Howarth which included:

Thanking committee for undertaking the site visit Mr Howarth reiterated that the principle objection remained the awesome size of the proposed extension which was overbearing, overlooking and dominant in nature and directly impacted on the vast chunk of light in the south east quadrant that would be lost to us forever, not just sunlight but natural light would be lost.

The extension facing their home would be the size of three double-decker buses parked side by side with three single decker buses parked on top of them.  Mr Howarth stated he felt that to be grotesque.  Members were asked to recognise that the objectors had elected to live in the countryside and not in a city.

Mr Howarth stated he felt very much on the back foot in the process with the onus on him to try to justify why he did not want his home to be encroached upon and cast into permanent shadow.  He stated that as a lay person he had found it extremely difficult to find persuasive evidence to put before the committee to show that they were likely to suffer substantial harm.  He noted that it appeared nobody could explain what substantial harm was, although many experts were willing to say what it was not.  Mr Howarth stated that he had been advised he had no further opportunity to make further:  following a telephone conversation from the clerk it appeared he did indeed have although he only had a couple of days to do so.   He referenced the 25 45 degree rule of thumb which was part of the guidance to good practice developed by the world recognised buildings research establishment. 

Whilst the rules were not set in stone they were used by many planning authorities and accepted as experttestimony in the courts. 

It lent some objectivity to the vexatious question of light and he himself had demonstrated that the proposed extension failed in the respect of light into his first floor bedroom.   The 25 degree rule failed spectacularly in respect of his kitchen window which faced the west wall of the extension and as in many homes, he stressed that the kitchen was the heart of his home.  If built it would be totally eclipsed.

Representation was received by the applicant Mrs Virk which included:

The application was to permit an extension to their property to allow the applicants young family to expand and grow, following their move to Boston.  Referencing the NPPF the  ...  view the full minutes text for item 116.

Erection of 5 no. three bedroom town houses to the rear of existing dwelling.

67 Sleaford Road  Boston  Lincolnshire  PE21 8EX

Mr S Epton

Erection of 5 no. three bedroom town houses to the rear of existing dwelling

67 Sleaford Road, Boston, Lincolnshire, PE21 8EX

Mr S Epton

The Senior Planning Officer presented the report and advised three updates to the report tabled.

The first update was in respect of representations and committee were advised that one further representation had been received from the occupier of no.69 Sleaford Road citing concerns in respect of the proposed removal of trees within the site and the need for additional fencing to safeguard amenity.

The second updated confirmed that County Highways had responded and confirmed they had no objection to the application subject to condition which related to alterations to the existing access onto Sleaford Road.

The final update confirmed members would be asked to agree an additional condition was recommended which would relate to surface water disposal and third party flooding.

No representation was received in respect of this application.

It was moved by Councillor Michael Cooper and seconded by Councillor Jonathan Noble that the application be refused contrary to officer recommendation as proposed development undermined the amenity and character of the area and would be contrary to the objectives of Local Plan policies H2, H3 and G1.

In Favour:  12.         Against:  0.      Abstentions:  0.     Unanimous Decision.

RESOLVED:   That the application be refused contrary to officer recommendation for the following reasons:

1.           The siting of the proposed development behind the host property is out of character with the pattern of development in the area and the design of the proposed terraced block is unsympathetic to the architectural form, appearance, style and proportions of the host property and other residential properties in the area. The proposed development will therefore undermine the amenity and character of the area and will be contrary to the objectives of Local Plan policies H2, H3 and G1. The development also does not meet the objectives of the NPPF.

2.           The proposed development, by virtue of its design, height, window location and its relationship with neighbouring properties to the east and west of the site in particular, will result in overlooking and erode privacy and the living conditions of neighbouring residents and the occupiers of the flats within the host property. The development will substantially harm the amenity of the neighbouring residents and the proposed development is therefore contrary to Local Plan policy G1.

3.            The density of the proposed development coupled with the 9 flats within the host property is significantly high compared to the density, form and character of the surrounding area. The proposed development therefore represents over-development, resulting in an alien and incompatible form of development which will be contrary to the objectives of Local Plan policies H2 and H3.

4.           The proposed provision for the storage and collection area for wheelie bins which will serve the proposed 5 dwellings and the 9 flats within the host property and will be located near to the south and western boundaries will result in visual harm to the amenity and character of  ...  view the full minutes text for item 117.

Hybrid outline application for residential development (up to 200 dwellings) consisting of:

1.    Construction of 71 dwellings (phase 1) and associated infrastructure including access, layout, scale, landscaping and appearance.

2.    Construction of up to 129 dwellings including access with all matters reserved for later approval.

Land off Wyberton Low Road   Wyberton  Boston  PE21 7SF

Mrs Rebecca Archer

Hybrid outline application for residential development (up to 200 dwellings) consisting of:

§  Construction of 71 dwellings (phase 1) and associated infrastructure including access, layout, scale, landscaping and appearance

§  Construction of up to 129 dwellings including access with all matters reserved for later approval

§                       

Land off Wyberton Low Road, Wyberton, Boston, PE21 7SF

Mrs Rebecca Archer- Chestnut Homes Ltd

The Senior Planning Officer presented the report and advised 1 main update to the report tabledin that additional representation had been received in the form of five additional letters including one from Ward Member Cllr Richard Austin with all members having been sent a copy of the letter.  The remaining four letters were from the occupiers of Ashtree Cottage at Rawsons Lane; 178 Wyberton Low Road; 184 Wyberton Low Road and 154 Wyberton Low Road.

The Ward Member and the neighbours all voiced concerns that the application could jeopardise future industrial development and development of the household waste recycling centre.  Further concerns cited the impact upon the road infrastructure by the increased traffic generated and the ability of the highway network to accommodate the increase.  Concerns were also tabled in respect of education and medical provision and some residents’ questioned if there was a need for such a large development within that area. Safety concerns in respect of the depth of the surrounding drains were raised alongside littering issues within the drains and the damage and danger to wildlife.

At this point in the proceedings the Monitoring Officer requested that clarification of a comment made during the officers’ representation be recorded.

Councillor Richard Austin referenced within the update information had not corresponded in his capacity as Ward Member for Wyberton but purely at Richard Austin resident of Wyberton. 

Representation was received in objection to the application:

1.            Mrs Austin which included:

Committee were advised that the main issues by residents all related to the un-sustainability of the location.  Concerns included the lack of amenities; the need for a car; road network and traffic flood risk and drainage.  An 18 minute walk to the corner shop was unrealistic:  the nearest bus route on London Road was a mile away and there was no other public transport with Call Connect being akin to a taxi service. 

It was a false argument more school places would not be required as starter homes would attract young couples.   The only facility in walking distance was St. Thomas’s school which had no space for expansion.  Wyberton school was over a mile away on the opposite side of the A16.  Referencing the non objection by Highways, members were referred to the adequate car parking space identified in the development and asked to realise that the 128 parking spaces for Phase 1 could mean up to 360 cars in total.    Addressing the dykes which boarded two sides of the site, Mrs Austin stated they were extremely deep and confirmed that by law the Black Sluice required a clear 9 metres access strip for maintenance:  committee were  ...  view the full minutes text for item 118.

Erection of 74 dwellings with associated garaging and sewers.

Land to the North of Cole’s Lane  Swineshead  Boston  PE20 3NS

Mr B Gibson  (Ashwood Homes)

Erection of 74 dwellings with associated garaging, roads and sewers

Land to the north and west of Cole's Lane, Swineshead, Boston,

PE20 3NS

Mr B Gibson (Ashwood Homes)

The Senior Planning Officer presented the report and updated the committee in respect of 1 additional representation having been received by a neighbour since issue of the agenda. 

Further representation from a neighbour objecting including no. Of plots proposed landscaping document includes tree planting and log piles within 9 metres of Black Sluice Drain.  Flood risk assessment document referenced capacity of Swineshead Bedfordshire and the ecological report indicates it was only undertaken on one day and should be undertaken over an extended period.  The objector does suggest some mitigation measures that may assist in the application.

Furthermore committee members were asked to note the intent to include an additional condition requiring the provision of a Landscaping Maintenance Plan and that a number of the existing conditions would require slight amendments to ensure robustness. 

It is recorded that the Chairman made a declaration of interest at this point in the proceedings, advising committee that the registered objector Mr Spencer was known to him but only in a historic capacity and it would not affect his ability to determine the application.

Representation was received in objection to the application by Mr Spencer which included:

Advising he resided adjacent to the application site Mr Spencer voiced objections and sought Council refusal of the application.  He stated that there was only one entrance and exit on Station Road from the current and proposed site.  There was a bend on the left hand side in close proximity to access and coupled with residents who park vehicles on Station Road it created additional hazards and risks for drivers and pedestrians alike. 

There would be congestion and potential accidents which would be at peak times.  A previous application on the site had been rejected on grounds that the site was located within 9m of local wildlife site.  The development could have adverse impact on the site and put pressure on for additional land to the east which adjoins the local wildlife site.   Noting the ecological scoping survey which made reference to nine species of birds with only one being on the red list for birds of conservation concern and only two on the amber list, Mr Spencer advised that local residents regularly observed bird life on the site which disputed the findings:  other birds including skylarks, grey wagtails, yellow wagtails, starling, willow tit, house sparrow, song thrush and more were visitors / nesting on the site. 

Mr Spencer confirmed he was also aware that the ponds did have Great Crested Newts along with common newts, toads and frogs, all breeding in the ponds.  He further stated that he was disappointed that neither the ecological scoping survey nor Ashwood Homes had made reference to the fact that the site was immediately adjacent to Coles Lanes Ponds.  

If built, Mr Spencer stated he felt the development would cause substantial harm  ...  view the full minutes text for item 119.

Erection of two detached dwelling houses plus the construction of new vehicular accesses

Land rear of 29 Woodville Road  Boston  Lincolnshire  PE21 8AP

Mr S Penson

This application was withdrawn by the agent ahead of the meeting.

Consultation on a planning application received from a neighbouring local authority for the installation of high voltage direct Current Cables for the Viking Link interconnector project between proposed landfall at Boygrift in East Lindsey to a proposed convertor station at North Ing Drove.

Richard Fidler.  South Holland District Council.

The Interim Development Manager tabled the report confirming that it was part of a consultation process from a neighbouring authority (South Holland District Council).  Members were reminded that the authority’s own paper for Boston Borough Council would be tabled at the next meeting when questioning and debate on the project could be tabled.

RESOLVED:    That the Planning Committee raise no objection.

Consultation on a planning application received from a neighbouring local authority  for the Installation of high voltage Direct Current Cables for the Viking Link interconnector project between proposed landfall at Boygrift in East Lindsey to a proposed converter station at North Ing Drove

East Lindsey District Council

The Interim Development Manager tabled the report confirming that it was part of a consultation process from a neighbouring authority (East Lindsey District Council).  Members were reminded that the authority’s own paper for Boston Borough Council would be tabled at the next meeting when questioning and debate on the project could be tabled.

RESOLVED:    That the Planning Committee raise no objection.

Consultation on a planning application received from a neighbouring local authority  for the Installation of high voltage Direct Current Cables for the Viking Link interconnector project between proposed landfall at Boygrift in East Lindsey to a proposed converter station at North Ing Drove

North Kesteven District Council

The Interim Development Manager tabled the report confirming that it was part of a consultation process from a neighbouring authority (North Kesteven District Council).  Members were reminded that the authority’s own paper for Boston Borough Council would be tabled at the next meeting when questioning and debate on the project could be tabled.

RESOLVED:    That the Planning Committee raise no objection.

Land to the east of Church Road  Freiston  Boston  PE22 0NT

The Interim Development Manager tabled the appeal decision in respect of planning application B 16 0447 for outline planning permission for the erection of three dwellings at Land East of Church Road, Freiston, Boston PE22 0NT.

The appeal was dismissed.

Holly Cottage  107 Sea Lane  Butterwick  Lincolnshire  PE22 0HN

The Interim Development Manager tabled the appeal decision in respect of planning application B 17 0004 at Holly Cottage, 107 Sea Lane, Butterwick, Boston PE22 0HN for a change of use from an agricultural Dutch barn to log storage and use of log splitting machinery in the outside yard areas.

The appeal against the condition was allowed

Hawthorne  137 Swineshead Road  Frampton Holme  Lincolnshire  PE20 1SB

The Interim Development Manager tabled the appeal decision in respect of planning application B 17 0199 at 137 Swineshead Road Boston which had sought full planning permission for the erection of a precast sectional concrete garage.

The appeal was upheld.

Delegated Decision List for 18 December 2017 to 19 January 2018

Committee noted the delegated decision list for the period 18 December 2017 to 19 January 2018