Agenda and draft minutes

Planning Committee - Tuesday, 29th May, 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

162.

APOLOGIES

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

Minutes:

Apologies for absence were noted on commencement of the meeting by Councillor Paul Skinner.  It is recorded that Councillor Paul Skinner joined the meeting on its reconvention at 1400 hours.   

Apologies for Councillors Michael Cooper and Stephen Woodliffe were tabled on reconvention of the meeting at 1400 hours neither member taking part in the afternoon session of the meeting.

163.

MINUTES pdf icon PDF 282 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 meeting held on the 1 May 2018.

164.

DECLARATION OF INTERESTS

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

Minutes:

Standing declarations of interest are recorded for Lincolnshire County Councillors Alison Austin and Paul Skinner; for Councillors Michael Cooper, David Brown, Sue Ransome and Claire Rylott in their roles as members of the South East Lincolnshire Local Plan and for Councillors Michael Cooper and Claire Rylott in their roles as representatives on respective Drainage Boards.

 

Councillor Claire Rylott declared she would absent from planning application B 18 0144 due to a personal conflict.

 

Councillor Peter Bedford declared that whilst the applicants for planning applications B 18 0144; B 18 0045 and B 17 0513 were known to him, the knowledge was not of a nature to prevent him from determining each application.

 

Councillor David Brown declared (on reconvention of the meeting) that the applicant for planning application B 17 0121 was known to him as a previous employer and confirmed that the work relationship had ceased 5 years previously in an amicable manner.

 

Councillor Alison Austin declared (on reconvention on the meeting) that she had recently applied to become a member of Heritage Lincolnshire and that her registration was still to be finalised as a member.

 

165.

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.

 

Prior to receiving the first application the Interim Development Manager addressed committee with an additional material planning consideration that needed to be considered in respect of the first two items on the agenda:

 

Committee were advised that just before the papers had been sent out a couple of days or so beforehand, an appeal decision had been received in respect of a proposed development for land off St. Swithins Close Bicker for an outline application for residential development up to 40 dwellings.  Members had been issued with a copy of the appeal decision prior to the meeting and the Interim Development Manager stated he thought it to be a curious decision.   The key point was it was a material consideration that had to be given appropriate weight in future decision making and had considerable implications for the first two applications on the days’ agenda.  Members were reminded that the original application for St. Swithins Close Bicker had been in outline with all matters reserved. 

Referring committee to paragraph 5 the Interim Development Manager  the first issue was whether the development would be in a suitable location with particular reference to local policies concerned with housing in rural areas and the accessibility of services and facilities;  the second issue was the effect of the proposed development on the character and appearance of the area and the third issue was whether or not there was a conflict with the development plan and whether or not it would be out-weighed by other material consideration.    The application had been refused by the committee for two reasons:  the first being the sustainability reason and the second was the intrusion into the open countryside.  The Inspector had not supported the view that Bicker was not a sustainable settlement. 

 

The Interim Development Manager stressed that that decision would be very important not just in respect of the first application which itself was in Bicker, but also for the second application.

 

Members and Officers needed to consider that there was a need for consistency in decision making.  Members needed to treat every application on its individual merits whilst also being consistent in their decision making   On the application all matters had been reserved but it appeared that the Inspector had moved the acceptability of whether or not an acceptable scheme could be devised to the reserved matters stage.  Members were advised that the Interim Development Manager felt in his view it would be that the Inspector normally would have effectively dismissed the appeal on the basis that there was insufficient evidence to demonstrate at the outline stage that the impacts could be mitigated.   The third point was a very important point and it did return to the sustainability argument but it also had broader implication for the decision making of the committee up to the adoption of the South East Lincolnshire Local Plan. To date committee had not given the emerging plan any weight.  This had not been the case with this decision  ...  view the full minutes text for item 165.

166.

PLANNING APPLICATION B 18 0144 pdf icon PDF 82 KB

Erection of 2 no. detached two storey residential dwellings and garages and associated works.

 

Land adjacent to Ye Olde Red Lion Public House  Donington Road  Bicker  Boston  PE20 3EF

 

Mrs Andrea Thorlby

Additional documents:

Minutes:

Erection of 2 no. detached two storey residential dwellings and garages and associated works.

 

Land Adjacent to Ye Olde Red Lion Public House, Donington Road,

Bicker, Boston, PE20 3EF

 

Mrs Andrea Thorlby

 

The Senior Planning Officer presented the report to committee confirming there

were no updates to be tabled. 

He did reiterate the comments of the Interim Development Manager in that whilst the initial officer recommendation had been to refuse the application, in light of the Inspector’s Appeal Decision – the reasons for the refusal within the report held needed to be reconsidered following legal advice. 

 

 

 

 

 

Representation was received in objection to this application by Mrs Burgess

which included the following:

 

Referencing the decision of the Inspector in respect of the planning application on Rookery Road Bicker for building of up to 40 dwellngs, the objector stated she felt the decion to be flawed and inconsistent in relation to the sustainability of such a large build within a village with so few amenities.  Members were asked not to let the decision influence their decision.  Referencing the application site the objector noted the historical importance of the adjacent Olde Red Lion public house which was a listed building that needed to be protected from any dominate infill of new builds.  The Olde Red Lion has always been the gateway to the village.  The site was outside the village envelopment for future development and the open space presented by the site contributed significantly to the character of the area.  Members were referenced to the BBC Interim Plan of February 2006 which stated that individual sites had been identified where it had been proposed no development should take place which would affect the character of the space:  that she noted had referred to land to the south and east of the Olde Red Lion Bicker.  The village conservation boundary lay at the rear of the Olde Red Lion.  The application site had been neglected since 2013 when rubble and bricks having been dumped at its’entrance and although offers had been made to service the site free of charge they had apparently been refused.  Prior to this site was and still remained Grade 1 farmland.  Regardless of the decion by Planning Inspector the village was lacking  in amenity.  The Parish Council had not attend the planning meeting 2017 but given support to the application with some reservation about building near the Olde Red Lion.  Concluding the objector stated concerns in respect of increased vehicle movements and problems with parking along the road.  Furthermore, there had been no planning meeting to her knoweldge nor had local residents been invited to comment on the applicaiton.  Building on the application site would seriously affect the setting on one of the few heritage assets in the village.  

 

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

the following:

 

Addressing the outcomes of the Inspectors Appeal Decison in respect of the

planning application for 40 homes at Bicker Mr Wickes advised he would be

referencing the content  ...  view the full minutes text for item 166.

167.

PLANNING APPLICATION B 18 0045 pdf icon PDF 38 KB

Outline application for residential development (up to 3.no dwellings) including associated works with all matters reserved.

 

Land adjacent to The Farm  Laceys Lane  Leverton  Boston  PE22 0BD

 

Mr and Mrs Oliver and Payne

Additional documents:

Minutes:

Outline application for residential development (up to 3 no. dwellings) including associated works with all matters reserved.

 

Land adjacent to The Farm, Laceys Lane, Leverton, Boston, PE22 7BD.

 

Mr & Mrs Oliver and Payne

 

Prior to receiving the report presentation the Interim Development Manager

addressed the committee:

Members were advised that the same sets of issues applied to the application as had applied to the previous one.  The village in repsect of this application was a slightly smaller service base than Bicker and as such the same issues and questions in respect of sustainability and the Inpsectors decision applied.  The issue of the way the Inspector treated the reserve matters was not a matter on this application.  The implication for future decision making in respect of the weight to be given to the policies in the emerging South East Lincolnshire Local Plan where the settlement heriarchy was different, and the development policies were different again, and as such were relevant.  The implications broadly with the exception of the ones detailing the mitigation measures on the site itself, were the same for this application as for Bicker, so again committee were urged to defer ths applicaiton for approproate legal advice to be taken.

 

The Senior Planning Officer presented the report to the committee and offered

no updates to the report tabled.

 

 

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

the following:

 

Members were asked to recognise that it was clear the application had similar characteristics to the previous applications so recently supported by committee at both Old Leake Commonside and Fosdyke.

It was also clear from the agenda that both he and Lisa agreed that, forgetting the definition of sustainability for a moment, the proposal removed ugly functional agricultural buildings and the site that could satisfactorily accomodate sensibly designed residential development on a natural infil site within the village boundary. It would not have a harmful effect on the appearance of the area. There were no highway concerns, flood risk had been resolved with the Environment Agency and importantly Leverton Parish Council had no objection to the proposal.  That only left sustainability which was only part of the Bicker appeal.  Firstly Leverton still had only limited services because of limited growth in the village which could be  a reason why services had left the village.  Further infill growth would only help to retain the existing services.  The church, the village shop and the leisure centre which he had been advised was very busy.  The shop was only 250 metres from the application site. Sustainabilty had been clarified in the appeal decision with the Inspector which he noted simply matched the adopted local plan situation at North Kesteven.  The appeal reinforced the committee’s recent infill decisions.  There was a regular bus service along the main road for access to services at Old Leake and Boston and it was exactly the same distance from the application site to Old Leake, as the distance between Bicker and Donington in the previous application.  ...  view the full minutes text for item 167.

168.

PLANNING APPLICATION B 18 0115 pdf icon PDF 41 KB

Approval of reserved matters (scale, layout, landscaping and appearance) following outline approval B 16 0389 (outline application for the erection of one detached dwelling and one detached garage including access and matters relating to appearance, landscaping, layout and scale reserved for later approval)

 

Land adjacent to Glenhirst  Station Road  Swineshead  Boston  PE20 3NX

 

Miss Victoria Mason

Additional documents:

Minutes:

Approval of reserved matters (scale, layout, landscaping and appearance) following outline approval B/16/0389 (Outline application for the erection of one detached dwelling and one detached garage including access with matters relating to appearance, landscaping, layout and scale reserved for later approval)

 

Land Adjacent to Glenhirst, Station Road, Swineshead, Boston, Lincolnshire, PE20 3NX

 

Miss Victoria Mason

 

 

The Senior Planning Officer presented the report to the committee confirming one update to the report tabled in that the Parish Council had responded and confirmed they had no objection, nor comment to make, in respect of the application.

 

No representation was received in respect of this application.

 

It was moved by Councillor Michael Cooper and seconded by Councillor James Edwards that committee grant the application in line with officer recommendation and subject to the conditions and reasons therein.

 

Vote:      In Favour:    11            Against:  0                 Abstention(s):  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 carried out in accordance with the following approved plans::

 

§  Site Location Plan, Drawing (02) (1/3)

§  Site Plan Dwg 03M (2/3)

§  Elevations and Floor Plan Dwg no. 01M (3/3)

 

        Reason:      To ensure the development is undertaken in accordance with the approved details and to accord with Policy G1 of the Boston Borough Local Plan 1999.

 

2      All landscape works shall be carried out in accordance with the approved details within the first planting and seeding seasons or within 6 months of the 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 and quality.

 

                  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 planting of trees, and to ensure that the approved scheme is implemented satisfactorily.  The condition accords with Policies G1 and H3 of the Boston Borough Local Plan 1999.

 

3      The boundary treatment as shown on Dwg 03M (2/3) shall be implemented prior to the occupation of the dwelling and shall be retained in that form thereafter.

 

Reason:   In the interests of residential amenity and to accord with the objectives of Policy G1 of the Boston Borough Local Plan 1999.

 

4    The external materials of the dwelling hereby approved shall be finished in accordance with the details shown on plan Dwg no. 01M (3/3).

 

Reason:   In the interests of the amenity and character of the area in accordance with Policy G1 of the Boston Borough Local Plan 1999 and National Planning Policy Framework.

 

169.

PLANNING APPLICATION B 17 0513 pdf icon PDF 57 KB

Outline application for the erection of up to 35 no. dwellings (with layout and access to be considered) and construction of car park for use by Old Leake Primary School.

 

Land north of Old Main Road  Old Leake  Boston  PE22 9HR

 

Messrs. A and J Daubney.

Additional documents:

Minutes:

Outline application for the erection of up to 35 no. dwellings (with layout

and access to be considered) and construction of car park for use by Old

Leake Primary School

 

Land north of Old Main Road, Old Leake, Boston, PE22 9HR

 

Messrs A & J Daubney

 

 

The Senior Planning Officer presented the report to the committee confirming one update to the report tabled in that a third representation from a dwelling already referred to in the report had been recieved.  The representation added nothing new to the those already received: it did emphasise the lack of need for the housing, the major impact on privacy in terms of looking into the front garden and issues in respect of flooding and the increased volume in car movemenets.

 

 

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

 

Committee were advised that the landowners were farmers who had been resident in Old Leake their entire lives where they had raised their families and contributed greatly to the local community.  Recognising the current need for housing the clients saw a good opportunity to develop land with the intention that it would benefit the whole community, through the provision of new homes including much needed affodable housing, public open space and a car park with the aim to improve traffic safety outside the school.  The development would be attractive and low density providing detached and semi detached properties in a village location, close to local amenities for 35 dwellings which included an affordable contribution of 20% which was more than the required allocation, to maximise the use of the land.  It was a sustainable development which would make use of a underused greenfield site.  The site was currently used for grazing horses. The local primary school supported the application as did Lincolnshire Wildlife Trust.   The site was located next to an existing residential development, adjacent to the settlement boundary and had been identifed as suitable for development in the 2017 SHLAA.  Old Leake had been  identifed as a minor service centre with development being directed to help support its role within the hieracrchy of the settlements in the borough

 

It was moved by Councillor Jonathan Noble and seconded by Councillor James Edwards that committee grant the application in line with officer recommendation and subject to the conditions and reasons therein.

 

Vote:      In Favour:  12            Against:  0                Abstention(s):  0

 

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

 

a)      any permission is not released until the applicants have entered into a section 106 planning obligation/unilateral undertaking with the Council relating to the provision of seven affordable housing units and a financial obligation of £67,965 towards providing one teaching classroom at Giles Academy in Old Leake,

 

and;

 

b) authority is delegated to the Development Control Manager to approve this application upon satisfactory completion of the planning obligation. If the obligation is not concluded within three months of instructions, the application will be returned  ...  view the full minutes text for item 169.

170.

PLANNING APPLICATION B 17 0121 pdf icon PDF 48 KB

1.    Erection of two apartment blocks, one fronting John Adams Way and the other fronting Whitehorse Lane, Boston

 

2.    Erection of one dwelling attached to the north gable of 82 High Street, Boston

 

3.    Conversion of Haven Wharf warehouse to provide 21 flats plus side extension

 

4.    Relevant demolition in a conservation area including the demolition of outbuilding to the rear of 78 High Street Boston, an industrial building attached to the south elevation of Haven Wharf Warehouse and buildings nos 1, 2 and 3    

 

Land south of the A16, John Adams Way, east of High Street and north of Whitehorse Lane (known as Haven Wharf) , Boston

 

Hanseatic Developments Ltd

 

Additional documents:

Minutes:

1.   Erection of two apartment blocks, one fronting John Adams Way and 

      the other fronting Whitehorse Lane, Boston

2.   Erection of one dwelling attached to the north gable of 82 High Street,

      Boston

3.   Conversion of Haven Wharf warehouse to provide 21 flats plus side

      extension

4.   Relevant demolition in a conservation area including the demolition of

      outbuilding to the rear of 78 High Street Boston, an industrial building

      attached to the south elevation of Haven Wharf Warehouse and

      buildings nos 1, 2 and 3

 

Land south of the A16, John Adams Way, east of High Street and north of Whitehorse Lane (known as Haven Wharf) , Boston

 

Hanseatic Developments Ltd

 

The Interim Development Manager presented the report to the committee and prior to updating members he provided them with a visual overview of the proposed development.  This he noted was to ensure their awareness of the actual layout of the plan, identifying the location of each of the individual dwellings on the application site for member’s ease of viewing the scheme in context.

 

A brief history of the site therein followed confirming committee’s refusal of the initial planning application for development of the site in 2015 and referencing the reasons for the refusal at that time.   The application was a departure from the Local Plan the Interim Development Manager briefly addressed relevant policies both within the Development Plan and the NPPF.

 

Committee were then advised of a number of  updates from the consultees’ following issue of the agenda as follows:

 

A letter from Historic England had noted that the new application was similar to the previous scheme but they still had concerns that the additional dwelling could be detrimental to the character of the area and that they also had issues with a number of design issues with Block A, Block B and the conversion.  They did state they were satisfied with Block C.   A full viability assessment was requested to prove if the size of the development and the additional dwelling were necessary.

 

Lincolnshire County Council had still not responded to the amended plans.

 

The Environment Agency had responded in respect of the revised Flood Risk Assessment to which they stated that had reviewed it and felt it was now appropriate to the scale, the nature and location of the development and they had now withdrawn their objections subject to the condition.

 

Heritage Lincolnshire had responded confirming they had reviewed the updated scheme and agreed the comments of the Council’s Consultant Architect in respect of the design and impact and they questioned the need for the extension and requested a viability assessment to justify the need.

 

On conclusion of the update information the Interim Development Manager continued his presentation of the application addressing the respective sections within the detailed report.  He acknowledged that that Block A would be the most prominent in the street scene, facing the main bridge it would be the main focal point crossing the bridge both ways. 

In his conclusion he did draw  ...  view the full minutes text for item 170.

171.

DELEGATED DECISION LIST pdf icon PDF 202 KB

The delegated decision list for the period 17th April 2018 to 11 May 2018.

Minutes:

Committee noted the delegated decision list for the period 17 April 2018 to 11 May 2018.