Agenda and minutes

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

There were apologies for absence from Councillors Stephen Raven, Claire Rylott and Yvonne Stevens.

To sign and confirm the minutes of the last meeting.

The minutes of the Committee’s last meeting, held on 26^th June 2018, were agreed as a correct record and signed by the Chairman.

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

Standing declarations of interests were reported with respect to:

·         Councillors Alison Austin and Paul Skinner as Members of Lincolnshire County Council;

·         Councillors David Brown, Michael Cooper and Sue Ransome as Members of the South East Lincolnshire Local Plan and Councillor Alison Austin as a County Council Member of that Committee; and

·         Councillors Peter Bedford and Michael Cooper as the Council’s representatives on the internal drainage boards.

With respect to Planning Application B/18/0012, Councillor Peter Bedford declared that he was a close friend of the family applying for permission and, with respect to Planning Application B/18/0136, that he was a close friend of the manager of the site and his partner; in both cases he would leave the meeting for the entire duration of consideration of the applications.

Councillor Brian Rush declared that a fellow Councillor had spoken to him regarding Planning Application B/18/0136, but he had advised the Councillor that he could not speak on the matter. 

With respect to Planning Application B/18/0119, Councillor Sue Ransome declared that she had visited Bridge House School 3-4 years previously as a Member of a County Council sub group and Councillor Stephen Woodliffe declared he had visited the school as Mayor.  Both Members confirmed that this would not influence their consideration of the application. 

With respect to Planning Application B/18/0012, Councillor Paul Skinner declared that he knew one of the applicants, Mr John Wood, because both served on an internal drainage board, but that he did not know him well and he would not be influenced by this in consideration of the application.

Construction of 18 dwellings (including 3 affordable dwellings) garages, public open space, estate road and new vehicular access.

Land to the rear of Westminster Terrace  South Street  Swineshead  Boston

Mrs Sarah Bardsley

Application Type:   Full Planning Permission

Proposal:                 Construction of 18 dwellings (including 3 affordable dwellings) garages, public open space, estate road and new vehicular access following demolition of existing dwelling    

Site:                            Land to the rear of Westminster Terrace, South Street, Swineshead, Boston

Applicant:                 Mrs Sarah Beardsley

The Senior Planning Officer presented the report and advised the meeting that the site plan included in the agenda pack for this item was incorrect; the correct plan had been e-mailed to Members and hard copies were circulated at the meeting.  Also, an amendment to Condition 18 was recommended to include the word “additional” with respect to windows.

Mr R Morgan addressed the Committee in objection to the application as the occupier of 4 Cope Court for 12 years on the grounds that the site was in open countryside outside the village boundary and the adverse effect on his property.  In particular, plot 14 would significantly affect his residential amenity in terms of loss of outlook and privacy due to the short separation distance even with the proposed plans to mitigate this.  Mr Morgan requested that the proposed dwelling be built further away from the boundary to provide a similar separation distance to the other proposed dwellings, which the size of the application site would easily allow for.  Mr Morgan also expressed concern about damage that could be caused to his property by the use of pile foundations during construction.

Mr C Wicks, the applicant’s agent, then addressed the Committee.  Mr Wicks’ main points were that, although the application site was in open countryside, it followed the form and shape of the village.  Significant amendments had been made to the proposed dwelling on plot 14 to mitigate the impact on existing dwellings.  This was a low density proposal for various types of quality dwellings that would enhance the village and existing amenities.  In addition, it would provide on-site parking for the local brass band’s practice building.  The property known as Harwin House, which was not worthy of listing, would be demolished.  All consultees were satisfied with the application and the applicant was agreeable to the proposed section 106 obligation and the amendment to condition 18.  

Following debate, to address Members’ concerns, the Legal Advisor suggested that the word “future” be added to Condition 8 with respect to management responsibilities. 

It was proposed by Councillor Michael Cooper and seconded by Councillor Paul Skinner that authority be delegated to the Development Manager to grant planning permission upon satisfactory completion of the section 106 obligations, as recommended by the Senior Planning Officer, with the addition of the word “additional” with respect to windows in Condition 18 and the word “future” with respect to management responsibilities in Condition 8.

Vote: 7 for, 2 against, 1 abstention

RESOLVED that authority be delegated to the Development Manager to grant planning permission upon satisfactory completion of a section 106 planning obligation with the Council requiring the provision of 3 affordable housing units and a contribution of £50,974 towards education, and subject  ...  view the full minutes text for item 186.

Proposed residential development consisting of 4 no. detached dwellings with associated parking, garages plus construction of a new road and new vehicular access.

Highfield House  West End Road  Wyberton  Boston  PE21 7NQ

Lincs Property Ltd

Application Type:   Full Planning Permission

Proposal:                 Proposed residential development consisting of 4 no. detached dwellings with associated parking, garages plus construction of a new road and new vehicular access           

Site:                            Highfield House, West End Road, Wyberton, Boston, PE21 7NQ

Applicant:                 Lincs Property Ltd

The Senior Planning Officer presented the report as set out in the agenda pack.

The applicant’s agent, Mr C Wicks addressed the Committee and made the following main points.  The development represented natural infill and did not encroach into open countryside.  The site had been put forward by the Council for future housing and the proposal would make a modest contribution to the 5-year supply, which was of material weight.  The front of the site was screened from existing dwellings by hedging.  Separation distances, orientation of the proposed dwellings and windows, and the particularly low design of the chalet bungalow on plot 4, would prevent adverse impact on residents’ amenity.  Hedgerows and tree planting would provide a soft edge to the west boundary; therefore, the proposal would not result in substantial harm in line with Policy G1.  The Senior Planning Officer found the proposals acceptable and the high quality, low density proposal had addressed all objections. 

It was proposed by Councillor Brian Rush and seconded by Councillor James Edwards that planning permission be granted as recommended by the Planning Officers.

Vote: 8 for, 1 against, 1 abstention

RESOLVED that planning permission be granted as recommended by the Senior Planning Officer subject to the following conditions:

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  ref 16-2341-LP (1/8)

§  Site as proposed ref 16-2341-02 rev E (3C/8)

§  Plot 1 proposals ref 16-2341-03 rev B (4B/8)

§  Plot 2 proposals ref 16-2341-04 (5/8)

§  Plot 3 proposals ref 16-2341-05 (6/8)

§  Plot 4 proposals ref 16-2341-06 rev D (7B/8)

§  Garages plots 2 and 4 ref 16-2341-07 (8/8)

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

3.             No development shall take place above ground level until full details of hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

a)               boundary treatment

b)               hard surface materials

c)               planting schedules (species, sizes densities)

d)               existing trees to be retained/removed

       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 Policies G1 and H3.

4.         All landscape works shall be carried out  ...  view the full minutes text for item 187.

Installation of small-scale gas-fired electricity generating facility within portal framed building and ancillary infrastructure, and plant including transformer compound, DNO metering room, gas kiosk, store room, control room, lubrication oil storage tanks, and radiator bank.

Land west of Marsh Lane   Boston  PE21 7JS

UK Capacity Reserve Ltd

Application Type:   Full Planning Permission

Proposal:                 Installation of small-scale gas-fired electricity generating facility within portal framed building and ancillary infrastructure, and plant including transformer compound, DNO metering room, gas kiosk, store room, control room, lubrication oil storage tanks, and radiator bank       

Site:                            Land west of Marsh Lane, Boston, PE21 7SJ

Applicant:                 UK Capcity Reserve Ltd

The Senior Planning Officer presented the report and advised the meeting that a second letter of objection had been received after publication of the agenda pack.  The letter was from the occupier of Chessingham, Cross Hill Lane, Wyberton objecting to the application on the grounds that permission for this site was only for light, clean industrial use; concerns regarding safety and danger to nearby residents; lack of a fire fighting equipment area; the proximity to existing dwellings when other available sites were further from them; and the impact on neighbours’ amenity, particularly with respect to noise and smell.

Mr C Fagg, the applicant’s planning agent addressed the Committee, and made the following points.  The applicant was the UK’s leading flexible generator and had 32 sites in England and Wales, which provided essential balancing services to the national grid when local demand exceeded supply.  The applicant had chosen this site after considering the impact on residential amenity, the environment, site suitability and availability, and the availability of grid and gas connections.   The impact of the proposal, incorporating the mitigation measures and with the proposed planning conditions, would not be substantially adverse and had to be balanced against the need for the development.  The applicant took health and safety very seriously, working under a number of internationally-recognised accreditation schemes.  The land was allocated in the Local Plan for commercial and industrial use.  A number of environment reports had been provided by the applicant demonstrating that there would be no significant adverse impacts in terms of noise, emissions, highway safety and visual amenity.  In conclusion, Mr Fagg stated that the national need for such developments was a material consideration and urged Members to approve the application. 

It was proposed by Councillor Jonathan Noble and seconded by Councillor Paul Skinner that planning permission be granted as recommended by the Planning Officers.

Vote: 8 for, 2 against

RESOLVED that planning permission be granted as recommended by the Senior Planning Officer subject to the following conditions:

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 ref 17241.101 rev 2a (1/9)

§  Site layout plan ref 17241.102 rev 4 (2/9)

§  Proposed elevations and block plan of specific components ref 17241.103

     rev 4 (3/9)

§  Tree survey and protection plan ref 750.17.1 (4/9)

§  Landscape proposals ref 750.17.2a (5/9)

§  Radiator bank elevations ref 17241.103.5 rev 1 (9/9)

       Reason: To ensure the development  ...  view the full minutes text for item 188.

Erection of two storey engineering, Manufacturing and Training (EMAT) centre, and associated landscaping works.

Boston College  Skirbeck Road  Boston  PE21 6JF

Mrs Janet Hemmant   Boston College

Application Type:   Full Planning Permission

Proposal:                 Erection of two storey Engineering, Manufacturing and Training (EMAT) Centre and associated landscaping works     

Site:                            Boston College, Skirbeck Road, Boston, PE21 6JF

Applicant:                 Ms Janet Hemmant, Boston College

The Development Manager presented the report and confirmed that there had been no response from the Consultant Architect.

It was proposed by Councillor Jonathan Noble and seconded by Councillor Michael Cooper that planning permission be granted as recommended with the addition of the standard archaeological condition.

Vote: Unanimous

RESOLVED that planning permission be granted as recommended by the Development Manager subject to the following conditions:

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 submitted application forms and following approved plans;

§   Site location plan ref 8404-CPMG-01---A-0001 (1/11)

§   Ground and first floor plan ref 8404-CPMG-01-ZZ-DR-A-0001 (2/11)

§   GA Plan Level 0 ref 8404-CPMG-01-00-DR-A-2001 Rev. P3 (3/11)

§   GA Plan Level 1 ref 8404-CPMG-01-01-DR-A-2002 Rev. P3 (4/11)

§   GA Plan Roof Level ref 8404-CPMG-01-02-DR-A-2003 Rev. P2 (5/11)

§   Elevations ref 8404-CPMG-01-XX-DR-A-2004 Rev. P1 (6/11)

§   Sections ref 8404-CPMG-01-00-DR-A-2006 (7/11)

§   Landscaping ref 8404-CPMG-01-ZZ-DR-A-7001 Rev. P1 (8/11)

§   External Work Plan ref 8404-CPMG-01-ZZ-DR-A-7002 Rev. P1 (9/11)

§   External Lighting Design Site Plan ref CPW-180219-E-EXT-03 Rev. P1 (10/11)

§   Preliminary Surface Water Drainage Proposals (Alan Wood & Partners) ref 40817-AWP-ZZ-XX-DR-D-0001

And the submitted: -

§   Design and Access Statement created by cpmg dated June 2018

§   Transport Statement created by  Alan Wood & Partners dated June 2018

§   Arboricultural Report created by Bond Bryan Architects dated Mar 2009

§   External Lighting Statement created by crouchperrywilkes dated 25.05.18

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 approved Flood Risk Assessment created by Alan Wood & Partners dated June 2018 along with the following mitigation measures:

1.  Finished floor levels shall be set no lower than 3.80mAOD.

2.  Flood resilient and resistant construction techniques should be used to a minimum height of 500mm above the finished floor level (as outlined in section 7.5 of the FRA).

3.  External doorways to the building should incorporate a proprietary flood barrier   system up to 600mm.

Reason: To reduce the risk and impact of flooding on the development and future occupants and to accord with the objectives of Local Plan policy G1 and the NPPF (2012)

4.         No development shall take place within the area indicated on the site plan as shown on drawing 8404-CPMG-01---A-001 until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

            Reason: In order to ensure that satisfactory  ...  view the full minutes text for item 189.

Outline application for residential development following demolition of the existing buildings with some matters (layout, appearance, landscaping and scale) reserved for later approval.

Bridge House  Grantham Road  Boston  PE21 7NL

Mr and Mrs C Smith  Bridge House Independent Behavioural School

Application Type:   Outline Planning Permission

Proposal:                  Outline application for residential development following demolition of the existing buildings with some matters (layout, appearance, landscaping and scale) reserved for later approval

Site:                           Bridge House, Grantham Road, Boston, Lincolnshire, PE21 7NL

Applicant:                Mr & Mrs C Smith, Bridge House Independent Behavioural School

The Development Manager presented the report as set out in the agenda pack. 

One of the applicants, Mr C Smith, addressed the Committee and spoke about the high performance of the school and its future development plans for which this application was critical.  The site was not appropriate for developing the school itself due to limited parking for staff, dropping off pupils etc and also safeguarding issues.  The land had been purchased to prevent retail use impacting on the school.  The only access was through the retail park.  This application was for a sensitive scheme and the site was on the edge of the retail area, but on a main road, not a cul-de-sac.  It was close to all amenities and bus routes, and would enhance the area. 

It was proposed by Councillor Jonathan Noble and seconded by Councillor Brian Rush that planning permission be refused as recommended by the Planning Officers with the addition of Policy RTC 4 to the reason for refusal.

Vote: 8 for, 0 against, 2 abstentions

RESOLVED that planning permission be refused, as recommended by the Development Manager, for the following reason:

The proposal is for residential development within a commercial area and part of the site is designated for retail or office, light industrial or warehouse use.  The provision of housing in this locality would change the character of the area and not provide development that appropriately responds to the commercial activities and designated land use.  Section 7 of the National Planning Policy Framework states ‘Good design is a key aspect of sustainable development and should contribute positively to ‘making places better for people’ with paragraph 55 requiring development to ‘function well and add to the overall quality of the area’.  It is not considered the development responds positively to these aspects and is therefore contrary to the National Planning Policy Framework and Policies RTC4, G1 and H3 of the Boston Borough Local Plan 1999.

In determining this application the authority has taken account of the guidance in paragraphs 196-197of the National Planning Policy Framework in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.

The meeting adjourned at 12.55 pm

[Councillors Peter Bedford and James Edwards left at this point and did not returned when the meeting was reconvened; Councillor Bedford did not return due to the conflict of interest he declared with respect to the remaining applications.]

The meeting reconvened at 2 pm

[Councillor Stephen Woodliffe was absent from the entire consideration of application B/18/0012 due to a conflict of interest declared at the beginning of the meeting.]

Outline application with some matters reserved (layout, scale, appearance and landscaping) for proposed residential development of up to 83 no. dwellings.

Land to the ease of Whitehouse Lane  Fishtoft  Boston  PE21 0BH

Messrs John T and  Peter R Woods.

Application Type:   Outline Planning Permission

Proposal:                  Outline application with some matters reserved (scale, appearance and landscaping) for proposed residential development of up to 83 no. dwellings

Site:                           Land to the east of White House Lane, Fishtoft, Boston, PE21 0BH

Applicant:                 Messr John T & Peter R Woods

The Development Manager presented the report and advised the meeting of a slight amendment to the proposal description in that access and layout were matters for consideration.

It was proposed by Councillor Paul Skinner and seconded by Councillor Alison Austin that authority be delegated to the Development Manager to grant planning permission upon satisfactory completion of a section 106 planning obligation with the Council, as recommended by the Planning Officers.

Vote: 5 for, 2 against

RESOLVED that authority be delegated to the Development Manager to grant planning permission upon satisfactory completion within three months of a section 106 planning obligation with the Council to ensure the delivery of affordable housing, education contributions, NHS contributions and the delivery and future maintenance arrangements for the proposed public open space, and subject to the following conditions:

1.            No development shall commence until details of the appearance, landscaping and scale of the development (hereafter referred to as reserved matters) have been submitted to and approved in writing by the Local Planning Authority.

            Reason: This is an outline application only and such details must be approved before development commences in order to comply with the objectives of Boston Borough Local Plan 1999 policies G1 and H3, and required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.

2.            Application for approval of the reserved matters shall be made to the Local Planning Authority not later than the expiration of 3 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 2 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 following plans and details:

§     Location Plan (2451-03) (1/3)

§     Proposed Site Layout (2451-04 Revision B) (2B/3)

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

5.            The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA), undertaken by Unda Consulting Limited ‘Flood Risk Assessment and Surface Water Drainage Strategy for Planning, Reference 87534, dated March 2018, and the following mitigation measures detailed in the FRA:

Either

§   No living accommodation located on the ground floor, which shall be   restricted to garage, WC and utility room only.

Or

§Finished floor level fo the dwellings set no lower than 3.2m       AOD

§   Flood  ...  view the full minutes text for item 191.

Resubmission of B 17 0130 To remove condition 2 on planning approval B 15 0017 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

M and A White.

Application Type:   Full Planning Permission

Proposal:                  Resubmission of B/17/0130 to remove condition 2 on planning approval B/15/0017 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         

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

Applicant:                 M and A White

The Development Manager presented the report and referred to copies of an amended plan circulated at the meeting, which had been e-mailed to Members prior to the meeting.  This plan properly reflected the location of the caravans on the site and still showed the provision of a maximum of 25 units.  The Development Manager explained that the amended layout did not affect the recommendation except for minor modifications to recommended conditions 1, 3 and 7, the changes to which were highlighted.

It was proposed by Councillor Jonathan Noble and seconded by Councillor David Brown that planning permission be refused on the grounds that the proposal was contrary to the National Planning Policy Framework and Policies G1 and C09. 

An amendment was then proposed by Councillor Paul Skinner and seconded by Councillor Michael Cooper that the application be deferred for a Site Visit on the grounds that there was insufficient information to answer concerns regarding the amenity and occupation of the caravans in work-related circumstances as opposed to tourism use.  When put to the vote this amendment was approved as the substantive motion, which was then put to the vote.

Vote: 5 for, 2 against

RESOLVED that the application be deferred for a Site Visit to ascertain sufficient information regarding the amenity of the occupiers in terms of the occupation of the caravans.

[Councillor Brian Rush left the meeting at this point.]

Standing report by the Development Manager

The delegated decision list was noted.