Agenda and minutes

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

Apologies for absence were tabled for Councillor Claire Rylott with Councillor Michael Brookes substituting.

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

The clerk confirmed that signed lobbying forms had been submitted from Councillors David Brown, Maureen Dennis, Sue Ransome and Paul Skinner in respect of Planning Application B 16 0360.

Councillor David Brown advised that when planning application B 16 0457 was initially brought to the committee it had been inferred that people had felt he had already pre-determined the application:  as such and for reasons of integrity Councillor Brown advised he would absent himself from the meeting for that item.  Councillor Brown further declared that he was a member for the SELLP which was mentioned in planning application B 16 0360 and that he had been in attendance at Wyberton Parish Council when planning application B 16 0385 had been presented to that meeting by the applicant:  Councillor Brown noted he took no part in the discussions nor made comment on the application at that Parish meeting.

Councillor Michael Brookes declared he was a member of SELLP which was referenced within planning application B 16 0360

Councillor Alison Austin declared she had been present when planning application B 16 0385 had been discussed at a meeting of Wyberton Parish Council but confirmed she had taken no part in the discussions. Furthermore Councillor Austin declared she had received representation in respect of planning application B 16 0360 but had not responded.

Councillors Stephen Woodliffe and Brian Rush declared they had received representation in respect of planning application B 16 0360 but had not made any response.

To sign and confirm the minutes of the last meeting.

With the agreement of the committee the Chairman signed the minutes of the last planning meeting held on the 10 January 2017.

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.

It is recorded that Councillor David Brown absented himself from the meeting at this point in the proceedings and took no part in either the deliberation or decision making on planning application B 16 0457

Application for the approval of reserved matters for the construction of 26 dwellings including access, appearance, layout, landscaping and sale following the grant of outline permission for residential development ref B 15 0456 plus the discharge of conditions 4 (affordable housing), 5 (biodiversity), 8 (surface water drainage) and 10 (highway improvement works) attached to B 15 0456.

Land adjacent to London Road / Drainside South  Kirton  Boston  Lincolnshire

Richard Reed (Builders) Ltd

Approval of Reserved Matters

Application for the approval of reserved matters for the construction of 26 dwellings including access, appearance, layout, landscaping and scale following the grant of outline planning permission for residential development ref B 15 0456 plus the discharge of conditions 5 (biodiversity), 9 (fire hydrant) and 10 (highway improvement works) attached to B 14 0456 and partial discharge of condition 4 (affordable housing).

Land adjacent to London Road / Drainside South  Kirton  Boston

Richard Reed (Builders) Ltd

The Senior Planning Officer presented the report and advised members of two updates to the report tabled. 

Referencing the first update members were advised that the addendum tabled in respect of affordable housing should be taken into consideration during their deliberation and decision making of the application consideration.

Committee were then directed to point 7.31 on page 22 of the agenda and advised that the applicant had submitted requested additional information as construction costs had increased by 15% due to problems in respect of surface water disposal that had not been identified at outline stage.

To overcome the additional costs, changes had been made to the layout which had resulted in a less developable area and a larger open space provision which was above policy requirements:  the extension of the open space had resulted in a need to import more soil to meet flood risk requirements.

The local housing authority had been consulted on this and responded and said that although the reasons given began to make a case to consider a reduction in level of affordable housing contributions, it fell far short of substantiating it.  Consequently they requested that the applicant produce a viability assessment in order to establish a viable level of contribution.  Members were asked to take this information in consideration during their deliberation.

Representation was received from the applicant’s agent which included:

Following the initial granting of the outline permission a considerable amount of time had been spent by the applicant discussing the best number of dwellings the site should accommodate.  The discussions had been influenced to a great extent by the concerns raised by the committee members following the increase in numbers from the original submission of 16 up to 45 in the last application.

Members were asked to recognise that when the original outline had been granted the affordable housing allocation had been at 30% which the applicant had complied with:  the interim affordable housing allocation agreed by the committee had been reduced to 15% and again the applicant was compliant with this in this application.   26 houses were proposed, 10 more than the original plan and 19 less than under the recently approved application.  Of the 26 houses now proposed 4 would be affordable homes equating to 15% in accordance with the interim plan.

The development would be a low density scheme which would compliment the area:  the build materials would be compatible to others in the vicinity and once completed would provide a landmark development when entering the village of Kirton.

New  ...  view the full minutes text for item 82.

Erection of wardens accommodation  (mobile home unit).

Meadowvale Touring Park   Five House Lane   Wyberton   Boston

Mr B Adams

Erection of wardens accommodation (mobile home unit)

Meadowvale Touring Park   Five House Lane   Wyberton   Boston

Mr B Adams

The Development Control Manager presented the report to the committee confirming there were no updates to the report tabled within the agenda.

Representation was received from the Ward Member which included:

Committee were advised that there was significant evidence of the need for more touring caravan pitches in the area of the application site.   Referencing the variety of leisure pursuits, including walking, bird watching, fishing and golfing that were in the near vicinity of the site, the Ward Member asked committee to recognise that the site would strengthen the Council’s drive to increase tourism.

Acknowledging the chequered history of the plot of land and also the concerns of nearby residents in that the site could turn into a low grade residential caravan park, the Ward Member stressed that all the conditions on the previous application must be adhered to, in order to ensure that the site became a top grade touring caravan park. 

Referencing condition 5 within this application, members were asked to agree that the installation of the proposed mobile unit would not take place until the actual site was completed and in use as a recreational and tourist only facility.

As a point of order it is noted that Councillor Richard Austin having addressed the committee as Ward Member on the following application B 16 0385, duly absented himself from the meeting for the deliberation and decision making.

It was moved by Councillor Jonathan Noble and seconded by Councillor Michael Brookes that the application be granted in line with officer recommendation and the conditions therein:  subject to amendments to Condition 5 to address committees concerns that the site be completed and fit for purpose before the wardens mobile unit is installed on the site.

Vote:       In Favour 11.        Against. 0.       Abstentions 0.

RESOLVED:    That the committee resolve that the application be granted in line with officer recommendation, subject to the conditions therein.

1.              The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason:           Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2.         The development hereby permitted shall be carried out in accordance with the following approved plans:

§   Location plan 1: 2500 (1/3)

§   General site plan ref 1368-960-7a (2/3)

§   Internal layout plan ref 1368-960307-14 (3/3)

§   Photographs 1 and 2 showing external appearance of the mobile unit

Reason:          To ensure the development is undertaken in accordance with the approved details and to accord with Adopted Local Plan Policy G1.

3.         The development hereby approved shall be carried out in accordance with the recommendations contained within the submitted Flood Risk Assessment and shall include the following measures:

§   The mobile home shall be secured to the ground using an adequate mechanism such as chains and /or ground anchors before occupation and shall be retained in that form thereafter.

§   The finished  ...  view the full minutes text for item 83.

Construction of 17 affordable dwellings (previously 25 affordable dwellings) plus associated infrastructure.

Land at Riverside  Boston  Lincolnshire

Mrs Rebecca Archer  Chestnut Homes Ltd

Full Planning Permission

Construction of 17no. affordable dwellings (previously 25 affordable dwellings) and associated infrastructure.

Land at Riverside  Boston

Mrs Rebecca Archer  Chestnut Homes Ltd

The Senior Planning Officer presented the report to the committee and confirmed 2 updates to the report tabled.

The first update related to submissions of representation and committee were advised that a further four letters of objection had been received:  this made a total of 11 letters received in objection to both the original and amended schemes.

The four additional letters received after issue of the agenda were from numbers 74, 78, 78a and 80 Tattershall Road and cited a variety of objections including loss of amenity; flood risk issues and the impact on wildlife and the loss of trees.   A request had been received that the committee undertake an official site visit prior to determining the application as residents felt that the development would have a significant impact on the character of the area; would cause significant noise and disturbance and was contrary to both national and local planning policies.

The second updated related to consultation and committee were advised that Lincolnshire County Council Highways; the local housing provider and the Canal and River Trust, along with the NHS, had all tabled no objection to the development.

Representation was received in objection to the application which included:

Although he accepted the need for affordable housing the objector had several factors of objection.  Having lived in the area for 38 years, the objector took issue with the impact statement and felt it of little value in respect of the comments relating to no lack of loss of wildlife:  committee were advised that a variety of birds including Green Woodpeckers, Jays’ and Magpies used the site, along with Deer, Fox, Badgers and Hedgehogs.

A further cause of objection noted a loss of privacy to the objecting residents: their gardens would be clearly visible from the Riverbank resulting in a serious lack of amenity and also potential loss of security to their homes due to the lack of landscaping.

Recognising the need for flood risk conditions, concern was noted that whist the houses were only 2 storey the ridge height would be 30ft, towering to a possible 36ft taking into account the 2 metre slab.  Citing the established 4 storey block already built, members were advised it was a monsterous intrusion when the trees were bare:  objectors homes would be subject to a similar intrusion once the houses were built as they would be on the skyline.

Traffic concerns were noted with the probable addition of a further 17 vehicles on the site which would exacerbate existing traffic problems at Sluice Bridge; along Tattershall Road and off Witham Town under the bridge.

The objector felt that a more appropriate site for the development would be the land next to Lambs Row which was not only a Brownfield site, but was already derelict and larger:  as such it would provide the developer with the option to build a  ...  view the full minutes text for item 84.

Construction of 86 dwellings plus roads, public open space and associated works.

Land north of Puritan Way  Boston  Lincolnshire

Mr M Gosling,  Mrs M Leggate and Mrs R Wicks

Full Planning Permission

Construction of 86 affordable dwellings (formerly 87 dwellings) plus roads, open space and associated works.

Land North of Puritan Way Boston

Mr M Gosling, Mrs M Leggate and Mrs R Wicks

The Senior Planning Officer presented the report advising committee of and update to the report tabled.

1 further letter of objection had been received from The Lodge on Fenside Road which now gave a total of 9 letters of representation received across the original and amended applications.  The representation cited concerns on the impact on wildlife and a request for a wildlife ecological survey should be carried out.    It was noted within the representation that the objector had seen Orangey-red bellied newts and the site.  Having consulted Lincolnshire Wildlife the Senior Planning Officer confirmed he had been advised that there was a low risk to wildlife on the site and that arable fields did not provide a good habitat for newts:  as such he was advised that it was not recommended the applicant provide a survey.

Representation was received from the applicant’s agent which included:

Referring members to an earlier permission on the site for the construction of a new Marina, the agent advised that his client had received no interest possibly due to sites nearer the town in view of the future barrier proposal.

Consequently, in consultation with the planning officers a fully affordable housing scheme had been produced for the site which was contemporary in design within a traditional framework and would provide an exciting development to uplift whole area. 

The site was on Grade 2 land, not grade 1. A soft frontage would be produced with materials in a mix of red and orange and with rustic bricks:  it was not a bland council house development. Tree planting and landscaping would also be provided to soften the edges.

The development had been welcomed by all of the housing associations and would contribute significantly to the Council’s housing allocation:  the land to the east of the site was owned by Boston Mayflower and was potentially another development to link up to this one.  The section 106 contribution for education had been reduced from £535k to £100k which was far more in line with a fully social housing scheme.

There would be semi circular green area which would include a play area and that would be overlooked for safety purposes by a crescent of houses.  The semi-circular area butted up to the plot of land on the east of the site, which if developed would complete a natural circle of green space.  It was intended that the play area would be for all children in the area, not just on the development site itself, to encourage greater integration in the area and the space would become a focal point for the community.

The car parking provision was just under 2 per dwelling and vehicles would be hidden to avoid a car dominated environment.

Following concerns from overlooking the applicant had reduced the number of dwellings  ...  view the full minutes text for item 85.

A report by the Development Control Manager in respect of:

Planning application B 16 0206 – 15 Mentmore Gardens Boston

Enforcement Notice PENF/0191/15 – 50 Brothertoft Road  Boston

The Development Control Manager presented the report on appeal decisions in respect of 15 Mentmore Gardens Boston and 50 Brothertoft Road Boston.

RESOLVED:    That Committee noted the report.

The Delegated Decision List for the period 19 12 16 to 17 01 17

Committee noted the report.