Agenda and minutes

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

Apologies for absence were received from Councillor Anton Dani and Stephen Raven.  No substitute members in attendance.

To sign and confirm the minutes of the last meeting, held on 6^th November 2017.

With the agreement of the committee members the Chairman signed the minutes of the previous Planning Committee Meeting held on the 6 November 2017.

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

The clerk confirmed that standing declarations of interest were tabled for committee members who were also County Councillors; Members of the South East Lincolnshire Joint Strategic Planning Committee and also Council Representatives on the Internal Drainage Boards as follows:

·       Councillor Alison Austin, Member of Lincolnshire County Council and County Councillor for the South East Lincolnshire Joint Strategic Planning Committee.

·       Councillors David Brown, Michael Cooper, Sue Ransome and Claire Rylott Members on the South East Lincolnshire Joint Strategic Planning Committee

·       Councillors Michael Cooper and Claire Rylott representatives on the Internal Drainage Boards 

Member declarations as follows:

Councillor David Brown declared a pecuniary interest in planning application B 17 0402 and confirmed he would absent himself from the meeting for the deliberation and determination of that item.  He further declared that the application site of B 17 0224 was known to him and he had previously frequented it, but that he had no pre-disposition on the application.

Councillor Michael Cooper declared he would absent from the room for Planning Application B 17 0402 as the applicant was well known to him

Councillor Sue Ransome declared that for openness and transparency she would absent from the room for planning application B 17 0402 due to her close working relationship with the applicant.

Councillor Yvonne Stevens declared that she would absent from the meeting for planning application B 17 0402 as the applicant was a known friend.

Councillor Alison Austin declared that for transparency and as she could not assure of non pre-determination she would absent herself from the meeting for planning application B 17 0402.

Councillor Stephen Woodliffe declared that whilst he knew the applicant for planning application B 17 0402 it was only in work capacity and not a social one and as such he felt able to determine the application without bias.

Councillor Paul Skinner declared that although the applicant for B 17 0402 was known to him as a fellow conservative councillor he only met the applicant at meetings and had no social involvement with him.  He therefore felt he had no problem in considering the application.

Councillor Claire Rylott declared she knew the application for planning application B 17 0402 as a conservative councillor but she had no pre-determination on the application.

Councillor Jonathan Noble declared that the applicant for planning application B 17 0402 was known to him as a member of his political group, but that he was an acquaintance only and as such he felt able to judge the application openly.

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 Councillors David Brown, Sue Ransome, Michael Cooper, Yvonne Stevens and Alison Austin absented from the meeting.

As both the Chairman and Vice Chairman had absented the clerk called for nominations for an Interim Chairman to facilitate the 1^st Planning Application.  

Councillor Barrie Pierpoint was proposed and seconded and with the unanimous agreement of the remaining members on the committee at that point, took the role of Interim Chairman.

Outline application (with all matters reserved for later consideration) for the erection of 14No. dwellings and associated infrastructure

Land rear of Northorpe House, Wigtoft Road, Sutterton, Boston, Lincolnshire, PE20 2EE

Mr David Brown

Outline application (with all matters reserved for later consideration) for the erection of 14No. dwellings and associated infrastructure

Land rear of Northorpe House, Wigtoft Road, Sutterton, Boston, Lincolnshire, PE20 2EE

Mr David Brown

The Senior Planning Officer presented the report to the committee and advised one update to the report tabled which advised that the Internal drainage Board had responded advising negotiations were ongoing with the applicant in respect of the issue of the Culvert.  Furthermore members were advised that in order to address the IDB’s outstanding concerns in respect of fowl water drainage that an additional condition be added to require the submission of a fowl water strategy prior to any commencement of works.

Committee received representation from the applicant which included:

Having purchased the property in 2006 which included the 2 acre application site, the applicant confirmed he had approached two local farmers with a view to selling the land but neither approach had been accepted with reasons given that the land was un-economical to run farm machinery to; the field had not been cultivated for many years as the soil quality was poor and it was not grade one arable land.  The farmers had both considered it to be of no benefit for agricultural use. The land was registered in 2011 in the SHLAA which changed into the SELLP and the site is listed therein as SUT005 within the section titled Reasonable Alternatives.  Favourable comments included the site having the potential to contribute towards the 300 dwellings proposed for Sutterton which had been identified by the Strategic Housing Market Assessment.  It stated that the type, tenure and affordability of any housing to be constructed on the site would help deliver the housing needs identified for Sutterton and that sites adjacent to the village would, in general, be more important to the delivery of the settlement hierarchy.  The development would provide scope for a local developer to use local tradesmen and locally sourced materials and would be deliverable contributing towards the Boroughs lack of a five year housing supply.

A substantial contribution would be made to education; NHS England had confirmed capacity at the Doctor’s surgery and the application would provide 20% affordable accommodation.  The development would provide the same professional approach taken on two of the brown field sites already built out within the village.  

Addressing the concern of privacy which had been raised, the applicant stated he was perplexed due to the distances intended which would result in no overlooking.  The suggestion of bungalows was not possible due to the flood risk assessment which had identified the need for a swale.   The swale would feed into an attenuation pond with overflow running to the west boundary of the site:  the final outlet being the Black Sluice system on the North of Wigtoft Road, all of which had been agreed by the Black Sluice Internal Drainage Board.  Further concerns had stated the build was dependant o the demolition buildings at the front of the site to  ...  view the full minutes text for item 89.

Application under s.73 to remove condition 2 on planning approval B/15/0017 and to remove condition 3 of B16/0606/86 to enable a maximum of 25 caravans to be occupied by agricultural workers for a period of up to three years with the maximum continuous length of stay of any individual worker being limited to 10 months

Old Leake Caravan and Leisure Park, Shaw Lane, Old Leake, BOSTON, PE22 9LQ

Mr & Mrs White

Application under s.73 to remove condition 2 on planning approval B/15/0017 and to remove condition 3 of B16/0606/86 to enable a maximum of 25 caravans to be occupied by agricultural workers for a period of up to three years with the maximum continuous length of stay of any individual worker being limited to 10 months.

Old Leake Caravan and Leisure Park, Shaw Lane, Old Leake, Boston, PE22 9LQ

Mr M & Mr A White

The Planning Consultant presented the report and reiterated to committee that the four main Policies for consideration were Policy C01 Development in the countryside,  Policy C09 Agricultural Development, Policy R11 Static Holiday Caravans and Chalets and Policy R12 Touring Caravan and Camping Sites with key matters for consideration being the need of the employment within the local site area alongside that of the proposed base of accommodation and the scale of distance of travel from the base for the employee’s housed in the proposed site.  Members were advised to take into consideration the residential amenity of nearby occupiers and also to recognise that the applicant wanted a travel distance of up to 25 miles but officers had not considered that to be acceptable and suggested a condition to limit this to within the Borough of Boston.

It is noted that Cllr Pierpoint stated that as Ward Member for the area he had met the applicants some time ago in his capacity as a Councillor but that they were not friends; that the site was in excess of 300 yards from his own property and that he hadn’t been involved in any discussions in respect of the application.

Committee received no public representation in respect of this item

It was moved by Councillor Jonathan Noble and seconded by Councillor Michael Cooper that the application be refused contrary to officer recommendation as it was contrary to policies CO1 and CO9 and contrary to paragraph 55 of the National Planning Policy Statement

Vote:      6 in favour.     4 against.   0 abstentions.

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

The proposal would lead to the siting of caravans for a use that is not required for the essential operation of a viable agricultural holding nor located nearby or within the locality of  a relevant agricultural holding.

It is considered that the associated workers would be more sustainably accommodated within a sustainable town or village settlement. The proposal is therefore contrary to policies C01 and C09 of the Adopted Boston Local Plan and national policy as expressed paragraph 55 of the National Planning Policy Statement which seeks to resist isolated dwellings within the countryside unless there are special circumstances demonstrated.

Change of use of vacant land to a touring caravan site (20 caravans) plus excavation of fishing lake, erection of wc/wash facility building, new internal roads and parking areas

Land at the rear of the Thatched Cottage Restaurant, Pools Lane, Sutterton, Boston, Lincolnshire, PE20 2EZ

Mr Murray Chambers, Magnum Inns Ltd

Change of use of vacant land to a touring caravan site (20 caravans) plus

excavation of fishing lake, erection of wc/wash facility building, new

internal roads and parking areas

Land at the rear of the Thatched Cottage Restaurant, Pools Lane,

Sutterton, Boston, Lincolnshire, PE20 2EZ

Mr Murray Chambers, Magnum Inns Ltd

The Senior Planning Officer presented the report confirming that the addtional publicity expired on the 7^th December 2017 and any decision made would be subject to no further comments being received by that time.

Updates to the reprort were noted as further representation having been received in objection to the application

Committee received no public representation in respect of this item

It was moved by Councillor Stephen Woodliffe and seconded by Councillor Alison Austin that the application be granted in line with officer recommendation, subject to the conditions and reasons therein, subject to the amendment of Condition no.7 to state that all landscaping to be carried out before the operations are brought into use and subject no further comments being received as a result of the additional publicity.

Vote:      8 in favour.     1 against.   1 abstention.

RESOLVED:   That the application be granted in line with officer recommendation and subject to the following conditions and reasons and subject to no further comments being received in respect of the additional publicity which would expire on the 7 December 2017.

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 and documents

§   Location Plan  (1/4)

§   Proposed site plan ref 17-1104-02B (3B/4)

§   Proposed toilet /shower and refuse toilet block- plans and elevations ref 17-1104-03 (4/4)

§   Design and Access Statement – revision B

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

3.               Before the development hereby approved is first brought into use, further details relating to the vehicular access to the public highway, including materials, specification of works and construction method shall be submitted to the Local Planning Authority for approval. The approved details shall be implemented on site before the development is first brought in to use and thereafter retained at all times.

Reason:           In the interests of safety of the users of the public highway and the safety of the users of the site and to accord with the objectives of Local Plan policy G6.

4.               No caravans on the site shall be occupied between 1 November in any one year and 14 March in the succeeding year.

Reason:           To reduce the impact of flooding in accordance with the objectives of the NPPF and Local Plan policy G1.

5.               The development shall be carried out in accordance with the submitted Flood Risk Assessment (FRA) including the following mitigation measures detailed  ...  view the full minutes text for item 91.

Proposed additional site access road leading to an existing building. Proposed re-fuelling area with above ground storage tanks.

Proposed van wash area

GEOFF GILBERT INTERNATIONAL LTD, Station Road, Swineshead, Boston, Lincolnshire, PE20 3PN

Geoff Gilbert International Ltd

Proposed additional site access road leading to an existing building.

Proposed re-fuelling area with above ground storage tanks.  Proposed

Van wash area

Geoff Gilbert International Ltd, Station Road, Swineshead, Boston,

Lincolnshire, PE20 3PN

Geoff Gilbert International Ltd

The Planning Consultant presented the report and confirmed that 2 additional representations had been received from Station Road in Swineshead citing objections which asked why there had been no photographs within the report; the lack of comment by Environmental Health in respect of complaints about health issues on the site and increased noise pollution, and they also stated that a recent accident on the road had nearly resulted with a fatality.  The objections also complained that the comments of the Parish Council had not been taken into account and the representation also queried any attendance of a Highways Officer having viewed the site.  

The Planning Consultant confirmed that a Highways Officer had attended the site again and that whilst collation of data of traffic incidents / traffic activity on Station Road could be facilitated, it did not mean that a lower speed limit on that road would be assured.   

Addressing the complaint in respect of Environmental Health, committee were advised that Environmental Health had confirmed they had not received any noise complaints regarding the site.

The latest accident on the road had been in October 2018.  It had involved one vehicle only, had not been fatal and with photographic evidence from the scene appeared to have been as a result of speed.

As a point of clarity members were reminded that it was not the policy to issue photographic evidence within a report but to display it at the meeting:  the photographic evidence referenced in the complaint would be displayed within the visual presentation.

Committee received public representation in respect of this item from Mr Semple the applicant’sagent which included the following comments:

Confirming his intent to speak on the subsequent application as well, the agent confirmed that the proposed roadway to access the specific part of the site would be located closer to existing dwellings on Station Road but would be approximately 60 metres from the closest building with the existing landscaped bund between the site and the dwellings, the Bungalow on Station Road.  The existing landscape bund which was located between the site and the dwellings was a grassed structure and although it would be re-profiled it would not impact on its effectiveness as the existing height would be retained.  Referencing the concerns in respect of traffic the agent confirmed that polite signage would be implemented to encourage right hand turning out from the site.  Members were advised that the business was well established in the area, provided employment for local people and should members seek further conditions in respect of planting, to include planting out the bund, the applicant would be happy to accept any such conditions. 

It was moved by Councillor Michael Cooper and seconded by Councillor Yvonne Stevens that the application be granted in line with officer  ...  view the full minutes text for item 92.

Change of Use of warehouse and distribution depot (Use Class B8) to building for the servicing (to include MOT testing), repair and sale of lorries and parts (Sui Generis Use), alterations to the building to include single storey extension, removal of external fuel tanks and provision of security barriers.

GEOFF GILBERT INTERNATIONAL LTD, Station Road, Swineshead, Boston, Lincolnshire, PE20 3PN

Head of Property Scania (GB) Ltd

Change of Use of warehouse and distribution depot (Use Class B8) to

building for the servicing (to include MOT testing), repair and sale of

lorries and parts (Sui Generis Use), alterations to the building to include

single storey extension, removal of external fuel tanks and provision of

security barriers.

Geoff Gilbert International Ltd, Station Road, Swineshead, Boston,

Lincolnshire, PE20 3PN

Head of Property Scania (GB) Ltd

The Planning Consultant presented the report.

Committee received public representation in respect of this item from Mr Semple on behalf of the applicant

Committee were asked to extend the opening hours of the vehicle access doors during the summer months, to 10.00pm to 8.00am in order to allow the site to remain cool. 

The volume of machinery within that site area emitted significant heat and the extension would allow a more comfortable working environment.

It was moved by Councillor Sue Ransome and seconded by Councillor Alison Austin that the application be granted in line with officer recommendation, subject to the conditions and reasons therein and that the Interim Development Control Manager be delegated in liaison with the Chairman to liaise with the  Environmental Health Officer to address the viability of an extension to the door opening times in the summer months to 2200 hours and to agree definition of the duration of the ‘summer months’.

Vote:      10 in favour.     0 against.   0 abstentions.

RESOLVED:  That the application be granted in line with officer recommendation subject to the following reasons and conditionsand that the Interim Development Control Manager be delegated in liaison with the Chairman to liaise with the Environmental Health Officer to address the viability of an extension to the door opening times in the summer months to 2200 hours and to agree definition of the duration of the ‘summer months’.

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 S0106 -100C (1/7)

§   Proposed Site Plan S0106 – 102C (3/7)

§   Proposed Ground & First Floor General Arrangements S0106 120B (6/7)

§   Proposed Elevations S0106 131A (7/7)

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

3.               No repair or maintenance of plant, equipment, machinery or vehicles shall take place anywhere on the site except within the buildings. During the hours of 6.00pm to 8.00am Mondays to Sundays the vehicle accessdoors within the building shall remain closed when not in active use for ingress or egress.

Reason:           In the interests of the amenity of nearby residents and in accordance with Adopted Local Plan Policy G1.

4.               No additional external security or ambient lighting shall be installed within the site without the prior approval in writing of the Local Planning Authority.

            Reason:  ...  view the full minutes text for item 93.

Replacement of existing external solid entrance security shutter with clear 'Transpalink' security shutter

16 Wide Bargate, Boston, Lincolnshire, PE21 6SR

Aatish Nagar, Call Collect (GP & S) Ltd

Replacement of existing external solid entrance security shutter with clear 'Transpalink' security shutter

16 Wide Bargate, Boston, Lincolnshire, PE21 6SR

Aatish Nagar, Call Collect (GP & S) Ltd

The Planning Consultant presented the report confirming there were no updates to the report tabled but that there was a typographical error in 7.12 of the report which should read ‘solid grid’.

Committee received public representation in respect of this item from Messrs Green and Parker on behalf of the applicant’swhich included:

Committee were advised of the problems the applicants had experienced at other sites across the County in respect of theft / break ins and damage to their shops.  The nature and products of their business, with the stock being held on the shop floor, necessitated the need for the solid security.  Members were advised that following the enforcement notice to seek the removal of the solid grille which had been used previously, the applicant had considered a wide range of options to source one that would be visually acceptable; in keeping with the area and most importantly at the same time ensuring the security of their business.

Experience of the option of having a system which left the external floor area of the entrance open had resulted in a wide range of anti-social incidents. The area had been used as a toilet; for the disposal of rubbish and also lent itself to being used for homeless sleeping. Such activity had resulted in staff being subjected to having to clean the area each morning on opening the shop.

It was moved by Councillor Paul Skinner and seconded by Councillor Michael Cooper that the application be granted in line with officer recommendation and subject to the conditions and reasons therein.

Vote:      10 in favour.     0 against.   0 abstentions.

RESOLVED:  That the application be granted in line with officer recommendation subject to the following reasons and conditions:

1.               The development hereby permitted shall be begun before the expiration of two months 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. 00 Rev A (1/3)

Proposed Ground Floor Plan CEX-BOS-05 REV A (2/3)

Proposed Sign elevation CEX-BOS-09 REV A (3/3)

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

A report by the Interim Development Manager

Appeal Decision – Land to the north of Middlegate Road (west), Frampton, Boston

The Interim Development Control Manager presented the report and referenced the reasons for the Planning Inspectors decision to allow the appeal.   Committee noted the report.

A report by the Interim Development Manager

Appeal Decision – Land North of Drainside South, Kirton

The Interim Development Control Manager presented the report and referenced the reasons for the Planning Inspectors decision to dismiss the appeal.    Committee noted the report.

A report by the Interim Development Manager

Appeal Decision – Land to the rear of 7-17 Station Road, Kirton, Boston

The Interim Development Control Manager presented the report and referenced the reasons for the Planning Inspectors decision to dismiss the appeal.    Committee noted the report.

A report by the Principal Planning Officer

The Monitoring Officer presented the report which had been produced following the Government’s Town and Country Planning (Brownfield Land Register) being introduced in April 2017.  The report tabled was for committee to both note part 1 of the new register and to agree that the sites proposed therein to be included on Part 2 of the Register; be granted Permission in Principle and be progressed to consultation.

A member voiced concern at the notation within the register of an area within the Borough identified as Frampton Holme and stressed that no such area existed.  Confirmation was provided that there was an area known as Kirton Holme, but Frampton was simply known as Frampton.  Officers agreed the error and confirmation of amendments to the register where such notation had been identified were assured.

Members received, noted and agreed the Register.

Delegated Decision List for the period 23 October to 17 November 2017

Committee noted the delegated decision list.