Agenda and draft minutes

Planning Committee - Tuesday, 21st August, 2018 10.30 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

194.

APOLOGIES

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

Minutes:

 

Prior to notification of apologies for absence the clerk advised a point of information;

An official site visit had been at 0900 hours that morning at the location of planning application B 18 0136. The previous committee meeting had deferred their decision making on this application to allow the site visit to be undertaken.

The Council’s Planning Code of Conduct only permitted members who attended a site visit to determine the application at the committee meeting and the clerk confirmed that with the exception of Councillors Peter Bedford and Yvonne Stevens, all members in attendance at the meeting had been in attendance at the site visit.

 

The following apologies for absence were then tabled:

Apologies for absence were tabled from Councillor Stephen Raven with Councillor Felicity Ransome substituting and from Councillor Brian Rush with Councillor Barrie Pierpoint substituting.

195.

MINUTES pdf icon PDF 263 KB

To sign and confirm the minutes of the last meeting.

Minutes:

The Development Manager addressed the committee and confirmed that immediately following the previous meeting on the 24th July officers were made aware that the Government had issued their updated NPPF 2018 on the same day which came into force with immediate effect.  Officers checked all the recommendation made on that day to ensure that the changes within the 2018 NPPF did not impact on the decision making which had been considered under the 2012 NPPF.  Members will note from the minutes all the decision made that day have remained as recommended by committee.  A further update would be provided prior to moving into part 2 of today’s agenda in respect of NPPF impacts on the applications for determination.

 

Prior to seeking agreement to sign the minutes the Chairman confirmed that there was an amendment to the minutes tabled and referred members to page 24 of the minute and advised that under the last paragraph a new sentenced had been added which noted ‘It is recorded that Councillor Alison Austin left the meeting during this item prior to the vote taking place’.

 

With the permission of the committee the Chairman then signed the minutes.

 

196.

DECLARATION OF INTERESTS

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

Minutes:

Standing declarations of interests were are tabled in respect of:

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

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

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

 

Councillor Claire Rylott declared she would absent from the meeting for planning application B 18 0039.  She noted she had absented at the initial meeting of tabling of the application and felt it appropriate to do so at this second tabling:  she noted that as Ward Member for the application site she had held detailed discussions with residents.

 

Councillor Stephen Woodliffe declared that having absented from the initial meeting where planning application B 18 0039 had initially been tabled, he felt able to determine this submission of the application as the reason for his initial abstention was no longer relevant.

 

Councillor Michael Cooper declared he would absent from the meeting for planning application B 18 0096 as the applicant was known personally to him.   He further declared that he had been present at Fosdyke Parish Council when both planning applications B 18 0227 and B 18 0228 had been presented but had taken no part in any discussions relating to either application.

 

Councillor Peter Bedford declared that in respect of planning application B 18 0136 that he was a close friend of the manager of the site and his partner and as such would absent from the meeting for that item.

He further advised that the applicant for planning applications B 18 0227 and B 18 0228 was known to him but not to an extent that it would affect his decision making on the applications.

 

Councillor Yvonne Stevens declared she would absent from the meeting for planning application B 18 0136 as she had not been in attendance at the site meeting.

 

Councillor Barrie Pierpoint noted that the Development Manager had spoken with him following his attendance at the site visit for planning application B 18 0136 which was in his ward.  But he wished it noted that he felt able to determine the application with an open mind and that was not compromised in any way: he stated that the applicants were known to him as constituents only and he had an open mind on the application.

 

197.

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 – for this meeting the deadline is 5 p.m. on ………………..

Minutes:

No public questions were tabled.

 

Prior to moving into part 2 of the agenda and determining the planning applications the Development Manager provided members with an update:

Providing a brief synopsis of the recent changes to the NPPF members were advised that a report would be prepared for members to digest all the changes between the 2018 and the 2012 version.

In respect of the agenda for the meeting the key changes related to the housing delivery and heritage impact.  It was further relevant that the framework stated at para.3 that it should be read as a whole including all the footnotes and annexes.  Members had been sent a copy via email and it was noted that there were 70 footnotes and 2 annexes to the document.  In relation to housing delivery there was an updated presumption in favour of sustainable development which also applied in the 2012 version which applied when the delivery of housing was substantially below the housing requirement over the previous three years.  Phased arrangements were set out in Annex 1 and the housing would be assessed under the Housing Delivery Test.  It would apply the day following the publication of the numbers from the Government which would be sometime during November 2018.   Until that time the Council was still reliant on the annual monitoring report published in March 2018 which indicated that currently Boston did not have a five year housing land supply:  as such in respect of the applications on the agenda they needed to be treated in the same way as the 2012 version.  Para.55 in the report had been replaced by para.78 and para.79 which were largely the same as para.55. 

 

 

There was additional text within para.78 which stated planning policies should identify opportunities for villages to grow and thrive, especially where they would support local services.  In respect of decisions that both officers and committee had made recently, it was considered that with the recent allowing of housing within the villages and within the envelopes, the Council had been in accordance with it with little change to the decision making.

 

There was also an application for a listed building.  The Heritage impact statement of the NPPF placed greater weight on the impact of a development on the significance of a designated heritage asset.  Weight should be given to the asset’s conservation and the more important the asset the greater the weight should be.  As such a grade 1 listed building would require significantly greater weight than a locally designated asset.

 

A further update to the Local Plan was provided which noted that for plans submitted before January 2019 the Secretary of State would consider those still in light of the 2012 NPPF.  With consideration to the SELLP policies they still would be considered under the 2012 plan so the weight would still stand.

 

It is recorded that Councillors Peter Bedford and Yvonne Stevens absented from the meeting at this point in the proceedings.

 

198.

PLANNING APPLICATION B 18 0136 pdf icon PDF 54 KB

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

 

M and A White

Additional documents:

Minutes:

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,

Lincolnshire, PE22 9LQ

 

M and A White

 

The Development Manager presented the report to the committee with no update information to the report tabled. 

 

No representation was recieved in respect of this item. 

 

It was moved by Councillor Stephen Woodliffe and seconded by Councillor Barrie Pierpoint that the applicaiton be granted in line with officer recommendation and subject the conditions therein.

 

Vote:     5  in favour.     6 against.

 

This vote fell.

 

 

 

It was then moved by Councillor Jonathan Noble and seconded by Councillor Sue Ransome that the applicaiton be refused contrary to officer recommedation as the application contravened Policy G1 in that it would substantially harm the amenity and the general character of the area because of the nature of the occupation of the caravans from tourists to agricultural workers. 

 

Vote:    6 in favour.     5 against

 

RESOVED:

 

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

 

The development substantially harms the amenities of the general character of the area because of the nature of the occupation of the caravans from tourists to agricultural workers.  The proposal is therefore contrary to Policy G1 of Boston Borough Local Plan 1999.

 

Refused Drawing Numbers:  

§  Location Plan 1:1250 (1/4)

§  Caravan Pitch Numbers OL1 dated 10.7.18

 

In determining this application the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2018 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.

 

 

It is recorded that Councillors Peter Bedford and Yvonne Stevens returned to the meeting at this point in the proceedings.

           

199.

PLANNING APPLICATION B 18 0184 pdf icon PDF 72 KB

Retrospective Listed building Consent for retention of front door and UPVC double gazed windows at front and rear

 

31 Sleaford Road  Boston  Lincolnshire  Pe21 8EH

 

Mrs Karen Fletcher

Additional documents:

Minutes:

Retrospective Listed Building Consent for retention of front door and UPVC double glazed windows at front and rear

 

31 Sleaford Road, Boston, Lincolnshire, PE21 8EH

 

Mrs Karen Fletcher

 

The Development Manager presented the report to the committee confirming there were not updates to the reports tabled.

 

No representation was recieved in respect of this item. 

 

It was moved by Councillor Michael Cooper and seocnded by Councillor Jonathan Noble that the application be refused in line with officer recommendation for the reasons provided therein.

 

Vote:    6 in favour.    7 against.

The vote fell.

 

 

It was moved by Councillor Yvonne Stevens and seocnded by Councillor Stephen Woodliffe that the application be granted contrary to officer recommendation due to the UPVC windows being present at the time of listing at 29 Sleaford Road and h0did not constitute substantial harm.

 

Vote:    7 in favour.    6 against.

 

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

In determining this application the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2018 in order to seek to secure sustainable development.  The development, in view of the UPVC windows granted listed building consent at 33 Sleaford Road and those present at the time of listing at 29 Sleaford Road are not considered to constitute substantial harm.  The proposal therefore complies with the aims of the National Planning Policy Framework 2018.

 

200.

PLANNING APPLICATION B 18 0227 pdf icon PDF 57 KB

Outline application for the demolition of existing bungalow and erection of up to 6 no. residential dwellings, with all matters reserved.

 

The Bungalow   Old Main Road   Fosdyke   Boston  PE20 2BU

 

Mr and Mrs Adrian Butterfield

Additional documents:

Minutes:

Outline application for the demolition of existing bungalow and erection

of up to 6 no. residential dwellings, with all matters reserved

 

The Bungalow, Old Main Road, Fosdyke, Boston, PE20 2BU

 

Mr & Mrs Adrian Butterfield

Mr Adrian Brotherton – Ashgrove Associates

 

The Senior Planning Officer presented the report to the committee confirming there were no updates to the report tabled.

 

No representation was recieved in respect of this item. 

 

It was moved by Councillor Jonathan Noble and seocnded by Councillor Alison Austin that the application be granted in line with officer recommendation subject to the reasons and conditions therein and subject to the additonal condition that an acoustic fence be provided.

 

Vote:    12 in favour.    0 against.     1 absention.

 

RESOLVED:   That the application be granted in line with officer recommendation, subject to the following conditions and reasons and the additional condition requiring the provision of an acoustic fence.

 

1.         No development shall commence until details of the layout, access, appearance, landscaping and scale of the development (hereafter referred to as the 'reserved matters') have been submitted to and approved 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 Local Plan 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 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 51 of the Planning and Compulsory Purchase Act 2004.

 

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 51 of the Planning   

        and Compulsory Purchase Act 2004.

 

4.   The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA), undertaken by S M Hemmings (27 May 2018), and the following mitigation measures detailed within the FRA:

 

§     Finished floor levels are set no lower than 3.75 m above  

          Ordnance Datum  (AOD).

 

§     Flood resilient/ resistant construction shall be incorporated

           into the dwellings to a minimum height of 300mm above  

           the finished floor level.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme.

 

Reason: To reduce the risk and impact of flooding on the proposed development and future Occupants and to accord with the objectives of Local Plan policies G1 and H3.

 

5    Details shall be submitted at reserved matters stage to include details relating to the vehicular access to the public highway, including materials, specification of works and construction method. The approved details shall be implemented on site before the development is brought into use and thereafter retained at all  ...  view the full minutes text for item 200.

201.

PLANNING APPLICATION B 18 0228 pdf icon PDF 72 KB

Outline application for the erection of up to 10 residential dwellings with all matters reserved.

 

Land adjacent to Lloyds Farm   Old Main Road   Fosdyke  PE20 2DB

 

Mr and Mrs Adrian Butterfield

 

Additional documents:

Minutes:

Outline application for the erection of up to 10 residential dwellings

with all matters reserved

 

Land adjacent to Lloyds Farm, Old Main Road, Fosdyke, PE20 2DB

 

Mr & Mrs Adrian, Butterfield

Mr Adrian Brotherton – Ashgrove Associates

 

The Senior Planning Officer presented the report to the committee confirming there were no updates to the report tabled.

 

No representation was recieved in respect of this item. 

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Yvonne Stevens that the application be granted contrary to officer recommendation.

 

Vote:    5 in favour.    8 against.

The vote fell.

 

 

 

 

It was moved by Councillor Alison Austin and seconded by Councillor James Edwards that the application be refused in line with officer recommendation and for the reasons therein:

 

Vote:   8 in favour.    5 against.

 

RESOLVED: That the application be refused in line with officer recommendation for the following reasons:

 

1.         The application site is located approximately 120m from the settlement boundary, outside the village envelope of Fosdyke as defined in the Local Plan and within an area defined as ‘countryside’. This development will extend the built up area of the village to the south creating an awkward and alien encroachment within this flat, rural landscape. The development would also consolidate the surrounding urban environment and the resultant effect would substantially erode the character and appearance of the countryside and open rural landscape. This scheme will therefore promote an unsustainable pattern of development in this area and any benefits the development may provide relating to the supply of housing in the area would be significantly and demonstrably outweighed by its adverse effects. The application is therefore contrary to the objectives of Local Plan Policies C01, G1 and G2 and the environmental dimension of sustainable development as contained within  the National Planning Policy Framework (2018).

 

         Refused drawing numbers : site location and existing site layout ref AA-18-0008/01(1/2) and illustrative site layout ref AA-18-008/02 (2/2)

 

In determining this application the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2018 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.

 

 

IT IS RECORDED THAT THIS MEETING ADJOURNED AT THIS POINT IN THE PROCEEDINGS AND RECONVENED AT 2 p.m.

 

 

It is recorded that Councillor James Edwards tabled apologies and left the meeting at this point in the proceedings for the remainder of the meeting.

 

Councillor Claire Rylott also absented from the meeting at this point in the proceedings for the remainder of the meeting.

 

 

202.

PLANNING APPLICATION B 18 0039 pdf icon PDF 123 KB

Approval of reserved matters (scale, layout, landscaping and appearance) following outline approval B 16 0380  (Erection of up to 195 dwellings including access off Middlegate Road West, Public open space and drainage infrastructure)

 

Land north of Middlegate Road (west)  Frampton  Boston  PE20 1BX

 

Mrs Hannah Guy   Larkfleet Homes

 

 

Additional documents:

Minutes:

Approval of reserved matters relating to scale, layout, landscaping and appearance attached to outline approval B/16/0380 for the erection of up to 193 dwellings and two flats including access off Middlegate Road West, public open space, play area, pumping station and swales/drainage infrastructure and landscaped bund

 

Land north of Middlegate Road (West), Frampton, Boston,                                        PE20 1BX

 

Larkfleet Homes.

 

The Senior Planning Officer presented the report and confirmed updates to the report tabled as follows:

 

  1. An additional 8 letters had been received from 14,16,18,20,25,28,30 and 40 Middlegate Road.   Concerns noted included there being no drainage ditch within the buffer area for run-off and the siting of the buffer area needed to be reconsidered; damage to properties caused through piling, overlooking by dormer bungalows and a loss of privacy as the fence intended would not prevent a loss of privacy.

Further issues replicating previous concerns noted that the drainage details did not comply with the conditions from the appeal and the drainage details to date were inadequate.  The plans indicated ponds and no swales.  The development would urbanise the area with a loss of important views.  The geophysical surveys provided were inadequate and members were advised that recent heavy rains had caused flooding to both existing residential homes and also on the proposed site itself.  It was the intent of the residents to contact the Council’s Chief Executive to ensure all conditions were complied with.

 

  1. Amendments to condition 1 within the report as follows:

§  Structural Landscape and Public Open Space (sheet 1) –

  7343_L-101 Rev D

§  Structural Landscape and Public Open Space (sheet 2) –

  7343_L-102 Rev D

§  Structural Landscape and Public Open Space (sheet 3) –

  7343_L-103 Rev D

 

3.    The Environment Agency requested that an additional condition be included to reduce the risk of flooding as follows:

 

Notwithstanding the recommendations of the Flood Risk Assessment approved under Outline Permission B/16/0380 (Millward ref MA 10325-FRA-R04 dated May 2017), the following mitigation measures shall be included in the development:

 

§  Finished floor levels shall be set no lower than 1.0m above ground level for dwellings of two or more storeys and 1.25m above ground level for single storey dwellings (bungalows or ground floor flats).

 

§  Details of flood resilient construction to at least 300mm above finished floor levels shall be submitted to the Local Planning Authority for approval in writing.  The approved details shall be incorporated throughout the development.

§  Resistance measures shall be incorporated including flood resistant doors, or 600mm high flood defences, to be fitted to all external doors of dwellings.

 

               The approved mitigation measures shall thereafter be fully 

               implemented prior to occupation of each unit and shall be maintained

               and retained in place.

 

               To reduce the risk and impact of flooding to the development and

               future occupants and comply with the aims and objectives of the

               National Planning Policy Framework 2018

 

  1. The Lead Flood Risk Authority had examined the latest plans and had made additional comments in respect of flood risk maters stating that the  ...  view the full minutes text for item 202.

203.

PLANNING APPLICATION B 18 0096 pdf icon PDF 48 KB

Resubmission of B 17 0307 for outline permission with all matters reserved (layout, scale, appearance, landscaping and access) for the erection of 9.no dwellings.

 

Land off Milkinghill Lane  Bicker  Boston  Lincolnshire

 

Mr Alan Chapman

Additional documents:

Minutes:

Resubmission of B/17/0307 for outline permission with all matters reserved (layout, scale, appearance, landscaping and access) for the erection of 9 no. dwellings

 

Land off Milkinghill Lane, Bicker, Boston, Lincolnshire

 

Mr Alan Chapman

 

The Senior Planning Officer presented the report advising the committee of 4 further conditions to the application in respect of land contamination.

 

 

 

Representation was received by Mr Lewis Smith the agent which included:

 

Reiterating the outline was a re submitsision of an earlier proposal withdrawn following concerns relating to impact on the countryside and the position of Bicker in the settlement hierarcy.   The concerns had largely disappeared following the positive appeal decison on a site close to the application site.

The evemrging SELLP propsed residential development in Bicker and the application iste is part of the proopsed allocation.  The Local Plan Inspector asked for addtional sites to be identified in the village which have not been objected to by the Council.   The site lay partly within the settlement boundary and consisted of a number of commercial buildings largely encircled by existing and proposed residential development.  The buildings are allocated for industrial use in the 1999 local plan, they have not been used a lot over recent years and indeed a recent increase in their use resulted in complaints from local residents.  The original outline was for 14 dwellings subsequently reduced to 9 following the making of a Tree Preservation Order on 2 trees towards the eastern boundary of the site.  The indicative layout shows the site could comfortably accomodate the proposal without causing detrimental impact on the adjoining development.  Access to the site is from St.Swithins Close an adoptable highway and there are no objections from county highways.  No statutory consultee had objected and the few objections from residents could be dealtg with by conditions.  In conclusion the application would result in the redevelopment of a brownfield site adjacent to existing and proposed residential development in a settlement that was considered suitable for development following recent appeal decisons and the emerging local plan.

 

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Yvonne Stevens that the application be granted in line with officer recommenation and subject to the 4 additional conditions in respect of land contamination and for access to be from St Swithens Close.

 

Vote:    10  in favour.            0 against.   Unanimous.

 

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

 

1.   No development shall commence until details of the layout, access, appearance, landscaping and scale of the development (hereafter referred to as the 'reserved matters') have been submitted to and approved 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 Local Plan Policies G1 and H3 and required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.

 

1.          Application for approval of reserved matters shall be made  ...  view the full minutes text for item 203.

204.

APPEAL DECISION REPORT pdf icon PDF 170 KB

A report by the Development Manager

Additional documents:

Minutes:

Committee noted the report tabled by the Development Manager.

205.

DELEGATED DECISION LIST pdf icon PDF 42 KB

A report by the Development Manager

Minutes:

Committee noted the report.  No questions were tabled.