Agenda and draft minutes

Planning Committee - Tuesday, 3rd April, 2018 10.00 am

Venue: Committee Room, Municipal Buildings, West Street, Boston, PE21 8QR

Contact: Karen Rist, Democratic Services Officer  Phone: 01205 314226 email:  karen.rist@boston.gov.uk

Items
No. Item

137.

APOLOGIES

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

Minutes:

Apologies for absence were received from Councillors Yvonne Stevens and Jonathan Noble.  No substitute members.

138.

MINUTES pdf icon PDF 271 KB

To sign and confirm the minutes of the last meeting.

Minutes:

With the agreement of the committee the Chairman signed the minutes of the previous planning committee meeting held on the 6 March 2018

139.

DECLARATION OF INTERESTS

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

Minutes:

The clerk confirmed that standing declarations of interest would be recorded for Councillor Alison Austin and Councillor Paul Skinner as members 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 an interest in planning application B 17 0402 stating that the applicant, Councillor David Brown, was a member of the same political party as himself but that it would have no bearing on the matter, as that was the only connection he had with Councillor Brown.

 

Councillor Michael Cooper declared that we would absent from planning application B 17 0402 as the applicant was known to him

 

Councillor David Brown declared a pecuniary interest in planning application B 17 0402 in that it was his own planning application and as such he would absent from the meeting.  Councillor Brown further declared that whilst he had been in attendance at Wyberton Parish Council when planning application B 17 0476 had been discussed he had taken no part in any discussion and felt able to determine the application without any prejudgement.

 

Councillor Sue Ransome declared that she would absent from planning application B 17 0402 in that the applicant was well known to her through her close working relationship with him in her role as vice chairman of the planning committee.  Councillor Ransome further declared that she had been in attendance at Kirton Parish Council when planning application B 17 0476 had been discussed but had taken no part in any deliberation and felt able to determine the application without prejudgement.

 

Councillors Claire Rylott; Paul Skinner and Stephen Raven all declared they knew the applicant for planning application B 17 0402 but only as a fellow councillor and that they felt able to determine the application without prejudice.

 

Councillor Claire Rylott declared that she had been in attendance at Kirton Parish Council when it had discussed planning application B 17 0476 but confirmed she had taken no part in any discussion and felt able to determine the application

 

It is recorded that on reconvention of this meeting at 2pm, following adjournment at 1230pm, the clerk tabled the following declarations of interest on behalf of Councillor Peter Bedford in respect of the planning applications scheduled for determination. 

 

Planning Application B 17 0476.  Councillor Bedford declared that the applicant was a very close and long standing personal family friend and as such would absent.

 

Planning Application B 17 0402.   Councillor Bedford declared that he felt unable to judge the application fairly and as such would absent.

Planning Application B 17 0340.  Councillor Bedford declared that in his previous role as Leader of Boston Borough Council he had actively supported and recommended the application to the Borough and as such was pre-determined in his view and would absent.

 

140.

PUBLIC QUESTIONS

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.

Minutes:

No public questions were tabled.

 

It is recorded that Councillor Brian Rush did not arrive at the meeting until reconvention of the meeting at 2pm.  It is further recorded that Councillor Peter Bedford absented from the meeting on adjournment at 1230 hours and took no further part in the meeting.

 

 

141.

PLANNING APPLICATION B 17 0519 pdf icon PDF 152 KB

Application for approval of reserved matters for Phase 3 of residential development comprising of 33 no. dwellings including access, appearance, landscaping, layout and scale.

 

Land at Broadfield Lane / Grayling Way  Boston  Lincolnshire  PE21 8BQ

 

Mr A Parker

Additional documents:

Minutes:

Application for approval of reserved matters for Phase 3 of residential development comprising of 33 no.dwellings including access, appearance, landscaping, layout and scale

 

Land at Broadfield Lane/Grayling Way, Boston Lincolnshire PE21 8BQ

 

Mr A Parker

 

The Senior Planning Officer presented the report and confirmed one update to the report tabled.  He advised that a further four conditions would be added to those already identified, all of which would refer to issues pertaining to land contamination.  The additional conditions were discussed with the Environmental Health Officer due to the proposed temporary use of the allotments gardens as a construction compound.

 

Representation was received by the applicant’s agent Mr Finch which included:

 

Reiterating the reason for application before committee as being a reserved matters application committee were advised that the Deed of Variation sought to establish some certainty of the delivery of certain elements of the original outline scheme including an equipped play area to meet current standards particularly in terms of spacial separation from existing dwellings and the CCTV provision which remained as initial stated. It was also prescriptive in regard to the delivery of the deferred delivery of the allotment land.   Most significant of which had been the re-negotiation of the commuted sum which would be paid by the applicants for the future maintenance of the facility:  the sum had significantly increased from £17.800 to £60.000 following extensive negotiations and discussion between the applicant and the local authority.

Consultation with specialist play providers had resulted in the applicant reviewing the type of equipment to be used with both its appeal and durability.  The equipment would be installed prior to the commencement of any further dwellings being built on the development. 

Referencing the provision of allotment land Mr Finch confirmed the designated area remained unaffected be previous phases and had provided an ideal opportunity of providing a temporary   construction access to serve delivery of phase 3 and possible phase 4. With access via the industrial estate which was accustomed to the movement of larger commercial vehicles. 

 

It was moved by Councillor Jonathan Edwards and seconded by Councillor Paul Skinner that the application by granted in line with officer recommendation; subject to the reasons and conditions therein and subject to the additional four conditions in respect of land contamination.

 

Vote:    In Favour:   10.        Against:    0.      Abstentions:    0.

 

 

RESOLVED:     That the committee grant the application in line with officer recommendation subject to the under mentioned provisos and for the following recommendations:

 

§Any approval of reserved matters is not released until the deed of variation is completed.

 

§Authority is delegated to the Development Control Manager to approve this application upon satisfactory completion of the deed of variation.

 

1                     The development hereby permitted shall be begun before the

expiration of two years from the date of this approval.

 

            Reason:            Required to be imposed pursuant to Section 92 of the

           Town and Country Planning Act 1990.

 

2          The development hereby permitted shall be carried out in accordance

           with the following approved plans :  ...  view the full minutes text for item 141.

142.

PLANNING APPLICATION B 17 0494 pdf icon PDF 524 KB

Application for approval of reserved matters (including appearance and landscaping) for the erection of 8 no. dwellings.

 

Land at The Bungalow  Carmel Green  Boston  Lincolnshire  PE21 7JR

Additional documents:

Minutes:

Application for approval of reserved matters (including appearance and

landscaping) for the erection of 8 no. dwellings 

 

Land at The Bungalow, Carmel Green, Boston, Lincolnshire, PE21 7JR

 

Mr Peter Lingard

 

The Senior Planning Officer presented the report and provided committee with a brief summary on the recent history of the site.  Outline application for housing on the site had been refused in 2014 for reasons of over development and density. The applicant subsequently appealed and the appeal had been upheld by the Inspector.   At the time the application had proved very controversial and had been outline planning permission for 8 dwellings including access, layout and scale.  

 

Representation was received in objection by Mrs Jones which included:

 

Members were advised that the initial objection to the application had been against issues around the fence boundary of no. 106.   However, Mrs Jones then stated that having considered the revised application ahead of the meeting, the changes made had addressed her initial objection which no longer stood.  Mrs Jones did request that as it was a boundary fence, that it be a secure one to keep her pedigree cats safe and that the fence be maintained as much as possible to obscure her home from the proposed buildings.

 

It was moved by Councillor Michal Cooper and seconded by Councillor Jonathan Edward that the application be granted in line with officer recommendation, subject to the reasons and conditions therein and subject to an informative on the decision letter which relating to property boundaries and disputes.

 

Vote:    In Favour:   10.        Against:    0.      Abstentions:    0.

 

 

RESOLVED:     That the committee grant the application in line with officer recommendation subject to the following conditions and reasons and the standard informative on the decision letter relating to property boundaries and disputes.

 

1          The development hereby permitted shall be carried out in accordance with the following approved plans insofar as they relate to appearance and landscaping:

 

§     Proposed site layout ref 1587 P101 Rev G (2b/9)

§     Proposed floor plans ref 1587 P110 rev G (3b/9)

§     Elevations  ref 1587 P200 rev H (4a/9)

§     Elevations (plots 1-2) ref 1587 P201 rev H (5a/9)

§     Elevations (plots 3-4 and 5-6) ref 1587 P202 rev B (6a/9)

§     Elevations (plots 7-8)  ref 1587 P203 rev A (7a/9)

§     Landscape proposals ref 885-01 (9/9)

 

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

 

2          All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of any building or completion of development whichever is the sooner.  Any trees, plants, grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size species or quality, unless the local planning authority gives written consent to any variation.

 

            Reason:           In the interests of visual amenity  ...  view the full minutes text for item 142.

143.

PLANNING APPLICATION B 17 0506 pdf icon PDF 316 KB

Application for approval of reserved matters for the construction of a drive-thru coffee shop (mixed use comprising class A1 and class A3) plus internal roadway, parking areas and associated development.

 

Plot B  The Quadrant  Land off A16  Boston PE21 7TD

 

Mr Burney

Additional documents:

Minutes:

Application for approval of reserved matters for the construction of a drive-thru coffee shop (mixed use comprising class A1 and class A3) plus internal roadway, parking area and associated development

 

Plot B, The Quadrant, Land off A16, Boston PE21 7TD

 

Mr Burney

 

The Senior Planning Officer presented the report and advised there were no updates to the report tabled within the agenda. 

 

No representation was received in respect of this application.

 

It was moved by Councillor James Edwards and seconded by Councillor Paul Skinner that the application by granted in line with officer recommendation,  subject to the reasons and conditions therein and subject to the additional condition to confirm business hours.

 

Vote:    In Favour:   10.        Against:    0.      Abstentions:    0.

 

 

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

 

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

 

Reason:            Required to be imposed pursuant to Section 92 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 ref 3606_L01 (1/5)

§  Proposed site plan ref 3606_PL301 (2/5)

§  Proposed elevations ref 3606 _302A (3a/5)

§  Proposed floor plan ref 3606_PL304 (4/5)

§  Landscaping plan ref 3606_PL305 (5/5)

 

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

 

3          All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of any building or completion of development whichever is the sooner. Any trees, plants, grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size species or quality, unless the local planning authority gives written consent to any variation.

 

Reason:            In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily.  The condition accords with Adopted Local Plan Policy G1

 

4         The premises shall not be open to the public except between 6am to

            10pm Monday to Sunday

 

              Reason:      To accord with the applicants stated intentions, in the

            interests of the amenity of the area and to accord with the objectives of  

            Local Plan

144.

PLANNING APPLICATION B 17 0508 pdf icon PDF 314 KB

Application for approval of reserved matters for the construction of a drive-thru restaurant (mixed use comprising class A1 and class A3) plus internal roadway, parking area and associated development.

 

Plot A  The Quadrant  Land off A16  Boston PE21 7TD

 

Mr Burney

Additional documents:

Minutes:

Application for approval of reserved matters for the construction of a drive-thru restaurant (mixed use comprising class A1 and class A3) plus internal roadway, parking area and associated development

 

Plot A, The Quadrant, Land off A16, Boston PE21 7TD

 

Mr Burney

 

The Senior Planning Officer presented the report and confirmed there were no updates to the report tabled within the agenda.

 

No representation was received in respect of this item.

 

It was moved by Councillor Paul Skinner and seconded by Councillor James Edwards that the application by granted in line with officer recommendation,  subject to the reasons and conditions therein and subject to the additional condition to confirm business hours.

 

Vote:    In Favour:   10.        Against:    0.      Abstentions:    0.

 

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

 

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

 

Reason:           Required to be imposed pursuant to Section 92 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 ref 3606_L01 (1/5)

§     Proposed site plan ref 3606_PL500 (2/5)

§     Proposed ground floor plan ref 3606_PL501 (3/5)

§     Proposed elevations ref 3606_PL502 (4/5)

§     Landscaping plan ref 3606 _PL504 (5/5)

 

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

 

3          All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of any building or completion of development whichever is the sooner. Any trees, plants, grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size species or quality, unless the local planning authority gives written consent to any variation.

 

            Reason:            In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily. The condition accords with Adopted Local Plan Policy G1.

 

 

 

 

 

4         The premises shall not be open to the public except between the          

            following periods:

 

§  7am to 2am on Mondays to Saturdays

 

§  11am to 12 midnight on Sundays and Bank Holidays.

 

             Reason:        To accord with the applicants stated intentions, in the 

           interests of the amenity of the area and to accord with the objectives of

           Local Plan

 

 

It is recorded that the Chairman adjourned the meeting at this point in the proceedings.   

 

The meeting reconvened at 2pm.

 

145.

PLANNING APPLICATION B 17 0476 pdf icon PDF 146 KB

Change of use from shop (Class A1) with residential accommodation above to a mixed use comprising a shop (Class A1) and a separate hot food takeaway (Class A5) on ground floor with a first floor bedsit (Class C3) with independent access from station Road.  Construction of a first floor rear extension.  Retrospective permission to remove and repair the chimneys and replace the roof tiles with materials to match the previous roof tiles.

 

1 – 3 Station Road  Kirton  Boston  PE20 1EE

 

Mr Halil Erol

Additional documents:

Minutes:

Change of use from shop (Class A1) with residential accommodation above to a mixed use comprising a shop (Class A1) and a separate hot food takeaway (Class A5) on ground floor with a first foor bedsit (Class C3) tied to the business and a separate two bed flat (Class C3) with independent access from Station Road. Construction of a first floor rear extension. Retrospective permission to remove and repair the chimneys and replace the roof tiles with materials to match the previous roof tiles

 

1-3, Station Road, Kirton, Boston, PE20 1EE

 

Mr Halil Erol

 

Prior to commencement of the presentation Councillor David Brown advised he had met the owner of the neighbouring property Harvey House but purely to undertake a fact finding tour and made no comment in respect of the application.

 

The Interim Development Manager presented the report and confirmed that the application had been tabled to committee due to the high level of public interest and the level of objections received.   At the time of issuing the report 8 letters of objection had been received along with a 50 signature petition and Parish Council objection.   A further letter of objection had been received within the last 48 hours from 28 London Road which had not raised any further material planning issues and an email had been received on the morning of this meeting, from 49 Horseshoe Lane which expressed concern about the loss of the chimneys and suggested that replacement of the chimney stacks and pots be done prior to any further work being carried out.

 

Referencing the conditions on page 77 committee were asked to note that the Interim Development Manager intended to amend condition 5 slight to ensure replacement of the roof tiles, chimneys and pots. 

 

 

The condition would read ‘prior to commencement of the A use, the three chimney stacks and pots as identified on the existing and proposed plans and the roofing tiles shall be replaced using the same materials as the chimneys and tiles removed.

 

 

Representation was received in objection to this item by Mr P Watson which included:

 

Mr Watson confirmed that whilst he was a member of Kirton Parish Council he was addressing the committee representing himself and not Kirton Parish Council.  

Confirming he had initially had reservations in respect of the application and had submitted one of the letters of objection, Mr Watson advised that his main concern had been the chimneys and he confirmed he was pleased to hear that the extra condition had been included, to ensure the chimneys would be replaced:  referencing the new roof Mr Watson stressed he felt it did not fit in with the conservation area.

Confirming that the extra condition had addressed 90% of his issues,  members’ were advised that he still had concerns about the correct exhaust process for the cooking facilities in the new shop.  Stating that as a resident walking through the village he noticed that there was already a reasonably strong aroma due to the number of existing  ...  view the full minutes text for item 145.

146.

PLANNING APPLICATION B 17 0402 pdf icon PDF 42 KB

Outline application (with all matters reserved for later consideration) for the erection of 9No. dwellings and associated infrastructure.

 

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

 

Mr David Brown

Additional documents:

Minutes:

Outline application (with all matters reserved for later consideration) for

the erection of 9No. 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 and confirmed there were no updates to the report tabled, but confirmed that he had re negotiated with the neighbours – none of the objections had been retracted and one objector had written confirming their original objection letter still stood.   Members were further advised that the Internal Drainage Board had not formerly objected to the application subject to the sustainable drainage condition.

 

No representation was received in respect of this item.

 

Request of recording

Councillor Brian Rush asked that the following comment he stated during committee debated be recorded:

‘that road was busy and dangerous and he could never support this item’. 

 

 

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

 

Vote:    In Favour:   6.        Against:    1.      Abstentions:    0.

 

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

 

1.            No development shall commence until details of the appearance, landscaping, layout, scale and access for the development (hereafter referred to as the ‘reserved maters’) have been submitted to and approved by the local planning authority.


Reason:            Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990. This is an outline application only and such details must be approved before development commences, and to accord with the objectives of Local Plan Policies G1 and H3 and with the intentions of the NPPF (2012).

 

2.            Application for approval of reserved matters shall be made to the local planning authority not later than the expiration of three years from the date of this permission.


Reason:            Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.

 

3.            The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.


Reason:            Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.

 

4.         The development hereby permitted shall be carried out in accordance with the application received 9 October 2017 and in accordance with the associated plan referenced:

 

§    Drawing Ref: 01 ‘Site Plan’ 1:1250 (1/7)

 

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

 

 

5.         The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) undertaken by RM Associates (Version 1, dated October 2017) including the following mitigation measures detailed within the FRA:

 

§    Finished ground floor levels of the dwellings shall be set no lower than 3.40m AOD (0.5m above existing ground level)

§    Flood resilient  ...  view the full minutes text for item 146.

147.

PLANNING APPLICATION B 17 0304 pdf icon PDF 3 MB

Installation of underground 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 in South Holland; installation of

underground alternating current cables from the converter station to the existing

Bicker Fen 400 kV NGET Substation; as well as permanent access road to

converter station, temporary facilities required during construction such as

compounds and works areas are included within Boston Borough. (This

application is for Environmental Impact Assessment development by virtue of the

Town and Country Planning (Environmental Impact Assessment) Regulation

2017   

HG

Land off Vicarage Drove, Bicker Fen, Boston, PE20 3BN

 

Ms Liz Wells, National Grid Viking Link Limited

 

Additional documents:

Minutes:

Installation of underground 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 in South Holland; installation of underground alternating current cables from the converter station to the existing Bicker Fen 400 kV NGET Substation; as well as permanent access road to converter station, temporary facilities required during construction such as compounds and works areas are included within Boston Borough. (This application is for Environmental Impact Assessment development by virtue of the Town and Country Planning (Environmental Impact Assessment) Regulation 2017

 

Land off Vicarage Drove, Bicker Fen, Boston, PE20 3BN

 

Ms Liz Wells, National Grid Viking Link Limited

 

The Development Manager reminded committee that it had previously considered consultation responses in respect of East Lindsey District Council, South Holland District Council and North Kesteven District Council in respect of the proposal.  Committee had at that time, resolved not to raise any objection.

Members were further reminded that under Article 31 of the Town and Country Planning Order 2015, the Secretary of State had directed that the Council could not grant planning permission on the application without specific authorisation.  The Direction had been issued to enable him to consider whether he should direct under Section 77 of the Town and Country Planning Act 1990 that the application should be referred to him for determination.  As such committee could make a decision in principle.

 

No updates to the report tabled were advised however committee were referred to point 6.8 of the report and asked to strike the final paragraph in italics requiring a condition for the delay of the issuing of any consent.

 

 

 

Representation was received by the Ms Wells on behalf of the applicant which included:

 

Ms Wells thanked members for their engagement from conception of the application through to the final scheme.  Viking link had valued officer and member input over the course of the last few years alongside feedback from the local community and key stakeholders.  28 public events had been held across a multitude of consultation streams.  Members were asked to recall that the previous presentation focused on the fact that the UK faced substantial energy challenges and reminded that the scheme presented would play a vital role in helping to resolve that challenge by linking electricity system in Great Britain and Denmark.  The interconnector would provide both import and export capability which would improve diversity and a security of supply to help mitigate shortages within the electricity network during high demand:  it would also assist in lowering the cost of electricity through cross border trade.  Furthermore by supporting renewable energy, it would help the UK to meet carbon reduction commitments. 

Providing update information committee were advised that planning applications in Denmark had approved and respected marine licenses and their process was being determined in UK, Netherlands, German and Danish waters.   Members of South Holland District Council unanimously resolved to approve their respective application on the 7 February 2018 and  ...  view the full minutes text for item 147.

148.

APPEAL DECISION REPORT pdf icon PDF 113 KB

Former Garage, Brand End Road, Butterwick PE22 0JD.

Additional documents:

Minutes:

Former Garage, Brand End Road, Butterwick PE22 0JD

Committee received the report presented by the Development Manager.

149.

APPEAL DECISION REPORT pdf icon PDF 114 KB

Cherry Tree Lodge, Swineshead Road, Frampton Fen, Boston PE20 1SF.

 

Additional documents:

Minutes:

Cherry Tree Lodge, Swineshead Road, Frampton Fen, Boston PE20 1SF.

Committee received the report presented by the Development Manager.

150.

DELEGATED DECISION LIST pdf icon PDF 226 KB

Delegated Decision List for 19 02 18  to  16 03 18

Minutes:

Committee noted the delegated decision list for the period 19 February 2018 to 16 March 2018.