Agenda and draft minutes

Planning Committee - Tuesday, 16th October, 2018 10.00 am

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

Contact: Janette Collier, Senior Democratic Services Officer  Phone: 01205 314226 email:  karen.rist@boston.gov.uk

Items
No. Item

18.

APOLOGIES

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

Minutes:

Apologies for absence were received from Councillor Paul Skinner.  Councillor Tom Ashton was in attendance to substitute for Councillor Skinner.

19.

MINUTES pdf icon PDF 323 KB

To sign and confirm the minutes of the last meeting.

Minutes:

The minutes of the last meeting held on 18 September 2018 were agreed and signed by the Chairman as a correct record, subject to the addendum and minor amendments set out below.

 

The Chairman read out a letter from Jenny McIntee of JMAD Architecture relating to planning applications B/18/0153 and B/18/0194, and specifically the representation Ms McIntee made, recorded on page 14 of the minutes in the agenda pack.

 

“Mr & Mrs Stephens of Portelet House have written to me to explain that Mr Giles Crust was objecting to the applications of his own accord and was not instructed by them.

 

“I would like to apologise for my comments when I spoke at the September committee “the neighbours had a vendetta against the applicant with a number of barriers presented all the way through the application and they had now sent their consultant to continue objecting at this time”.  Although I believed this to be the case at the time, I now accept that Mr & Mrs Stephens weren’t involved in objecting to these two applications, and I am sorry for any offence caused by my remarks.

 

“Please could you bring this to the attention of the planning committee and add an addendum to the minutes.” 

 

The Chairman then advised the Committee of two minor amendments that had been made to the minutes since the agenda pack was published.  In Minute 5, the paragraph at the bottom of page 3 had been re-worded, purely for clarification, to read as follows: “with the 23 new homes already agreed along the western edge which would result in 119 homes in all”.  Also, the minutes had been renumbered 206 to 222 to follow the numbering of previous minutes.  The hard copy of the minutes ready for the Chairman to sign had been amended accordingly.

20.

DECLARATION OF INTERESTS

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

Minutes:

The following standing declarations were confirmed:

 

Committee Members who were also County Councillors – Councillors Tom Ashton and Alison Austin. 

 

Those who were also members of the South East Lincolnshire Joint Strategic Planning Committee – Councillors David Brown, Sue Ransome, Michael Cooper and Claire Rylott, representing the Council, and Councillor Alison Austin, representing the County Council.

 

Those who represented the Council on Internal Drainage Boards – Councillors Tom Ashton, Peter Bedford, Michael Cooper and Claire Rylott.

 

Members then made the following declarations.

 

B/18/0017

 

Councillor Sue Ransome declared that she had visited all application sites including this one and had met the applicant at her gate, but explained why she was there and had not discussed anything; therefore, she had not been influenced at all.

 

Councillor Michael Cooper declared that, as this application was in his ward and he had met all parties involved, he would leave the room when this application was considered. 

 

B/18/0137

 

Councillor Yvonne Stevens declared that the applicants were personal friends and she would leave the room when this application was considered. 

 

Councillor Michael Cooper declared that that he knew the applicants, but not well, and this would not affect his decision-making.

 

Councillor Alison Austin declared that she was acquainted with the applicant as Mrs Bell was a member of Wyberton Parish Council, whose meetings Councillor Austin as the County Councillor.  However, Councillor Austin left the Parish Council’s meetings before planning applications were considered and had not been in the meeting when this application was discussed. 

 

Councillor Claire Rylott declared that she knew the applicants, but this would not influence her decision-making. 

 

Councillor Tom Ashton declared that he had expressed an opinion on this application and would leave the room when this application was considered. 

 

Councillor David Brown declared that he knew the applicants very well and would leave the room when this application was considered. 

 

In the afternoon session of the Planning Committee meeting, Councillor Brian Rush declared that he knew the applicant registered to speak, but had not discussed the application with her and was happy to take part in the meeting. 

21.

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 Thursday 11th October 2018.

Minutes:

No questions had been submitted by members of the public.

22.

PLANNING APPLICATION B 18 0017 pdf icon PDF 259 KB

Front Extension and alterations to roof at rear of garage building and Change of Use of former dairy room/creamery and other outbuildings along with associated land and existing paddock are to special needs school (Class 1D).

 

The Coach House  Hall Lane  Algarkirk  Boston  PE20 2HG

 

Ms Darryll Loizou

 

Additional documents:

Minutes:

Front extension and alterations to roof at rear of garage building and Change of Use of former dairy room/creamery and other outbuildings along with associated land and existing paddock area to special needs school (Class D1)

 

The Coach House, Hall Lane, Algarkirk, Boston, PE20 2HG

 

Ms Darryll Loizou

 

[Councillor Michael Cooper left the room for the entire consideration of this application.]

 

The Senior Planning Officer presented the report and referred to an addendum to the agenda with respect to this application, which had been e-mailed to the Committee Members prior to the meeting with hard copies circulated at the meeting.  The addendum set out the Planning Officer’s consideration of Policy 1, 32 & 29 of the South East Lincolnshire Local Plan and concluded that there should be no change in the recommendation as set out in the main agenda.

 

Supplementary information had been received from the objector and the applicant, and copies had been circulated to the Committee Members prior to the meeting. 

 

Three further letters of objection had been received since the publication of the agenda pack.  Two came from Church View Cottage and another from The Old Rectory and the main points were summarised as follows:

·         The paddock should not be used during school holidays and weekends

·         The decision was fundamentally flawed

·         The Highway Authority should consider conflict between pedestrian / cyclists and vehicles

·         The development was contrary to principles

·         Unacceptable impact on amenity and highway safety

·         Increase in traffic by over 100%

·         Many unrecorded accidents and near-misses

·         No pavements or street lighting

·         The Highway Authority did not appreciate the merits of the quiet country lanes used by many types of users

·         A few secondary school children walk from the village to the bus stop in Sutterton

·         Pollution impact

·         Impact on fitness and pleasure

·         Development not sustainable nor would it enhance the vitality of the village

·         Staff and parents would drive in

·         There was no proven need

·         Little employment opportunities for local people

·         How could most local people afford its school fees

·         Concerns over foul water disposal

·         Why was a heritage statement not included due to the proximity to the church

·         Could not find fencing details in the paddock

·         No restriction on opening hours

·         No plans showing proposed development in paddock

 

The Senior Planning Officer clarified that the petition mentioned in the report was in support of the application, as this was not stated. 

 

The Senior Planning Officer had met with Heritage England on 5th October following a request for a site visit due to the concerns raised in objections.  They had met on site and walked right around the site and paddock at the end of which Heritage England stated they had no objections.  Their only request had been that the advice of the Consultant Architect be sought; this had been done and the Consultant Architect had no objections.

 

The application had been discussed in detail with the Highway Authority in order to be thoroughly sure that they were satisfied with the application and the Highway  ...  view the full minutes text for item 22.

23.

PLANNING APPLICATION B 08 0321 pdf icon PDF 187 KB

Application for approval of reserved matters following outline approval B 14 0165 for the construction of a drive-thru coffee shop (mixed use compromising class A1 and class A3) plus internal roadway, parking area and associated development to make changes to the operation hours.

 

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

 

Mr Burney  Burney Estates Ltd

Additional documents:

Minutes:

Application for approval of reserved matters following outline approval B/14/0165 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 to make changes to the operational hours

 

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

 

Mr Burney, Burney Estate Ltd

 

The Senior Planning Officer presented the report and advised Members that Policy 3 of the South East Lincolnshire Local Plan (SELLP) was considered to be a ‘red’ policy, i.e. it carried limited weight.  Wyberton Parish Council had responded to consultation since the agenda was published to the effect that it had no comments to make. 

 

The Chairman asked that it be recorded that he would have preferred the traffic using the drive-thru to queue in the other direction so that more vehicles could enter the compound and reduce the possibility of them queuing on the road.

 

It was proposed by Councillor Alison Austin and seconded by Councillor Jonathan Noble that planning permission be granted as recommended by the Planning Officer. 

 

Vote: 10 for, 1 against

 

RESOLVED that planning permission be granted subject to the following conditions:

 

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 (1/6)

Proposed site plan ref 3606_PL301 rev A (2A/6)

Proposed elevations Costa Coffee –plot B ref 3606 _PL302A (3a/6)

Proposed floor plan- Costa Coffee-plot B ref 3606_PL304 (4/6)

Landscaping plan Costa Coffee –plot B ref 3606_PL305 (5/6)

Internal Queuing capacity – the Quadrant – plot B – Costa ref 007 rev A01 (6/6)

 

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 hours of 0500hrs -2300hrs Monday to Sunday.

 

Reason: To accord with the applicant’s stated intensions, in the  ...  view the full minutes text for item 23.

24.

PLANNING APPLICATION B 18 0348 pdf icon PDF 184 KB

Application for approval of reserved matters for the construction of retail unit  (mixed use compromising class A3 and A5) and drive-thru restaurant (mixed use compromising class A1 and class A3), plus internal roadway, parking area and associated development.

 

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

 

Mr Burney  Burney Estates Ltd

Additional documents:

Minutes:

Application for approval of reserved matters for the construction of retail unit (mixed use comprising class A3 and class A5) and 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, Wyberton, Boston, PE21 7TD

 

Mr Burney, Burney Estates Ltd

 

The Senior Planning Officer presented the report.

 

It was proposed by Councillor Alison Austin and seconded by Councillor Tom Ashton that planning permission be grated as recommendation by the Planning Officers. 

 

Vote: 10 for, 1 abstention.

 

RESOLVED that planning permission be granted subject to the following conditions:

 

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_L01A (1/7)

§   Proposed site plan – plot A ref 3606_PL500.1D (2/7)

§   Proposed floor plan –plot A-Greggs ref 3606_PL505 (3/7)

§   Proposed elevation- plot A-Greggs ref 3606_P506 (4/7)

§   Proposed floor plan – plot A –Burger King ref 3606_PL507 (5/7)

§   Proposed elevation –plot A-Burger King ref 3606_PL508 (6/7)

§   Internal car parking and queuing capacity ref 011 rev A01 (7/7)

 

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

 

3.           No 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.  These works shall be carried out entirely in accordance with the approved details.  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 Policy G1

                

4.            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  ...  view the full minutes text for item 24.

25.

PLANNING APPLICATION B 18 0207 pdf icon PDF 175 KB

Erection of showroom for sales and display of bathroom equipment and associated merchandise (Class A1) plus new car park and associated development.

 

Land south of Wallace Way  The Quadrant  Wyberton  Boston  PE21 7TD

 

Parkland Developments

 

Additional documents:

Minutes:

Erection of showroom for sales and display of bathroom equipment and associated merchandise (Class A1), plus new car park and associated development

 

Land south of Wallace Way, The Quadrant, Wyberton, Boston, PE21 7TD

 

Parkland Developments

 

The Senior Planning Officer presented the report.

 

It was proposed by Councillor Jonathan Noble and seconded by Councillor Alison Austin that planning permission be granted as recommended by the Planning Officer with the addition of a further recommended condition, that use be limited to a kitchen/bathroom retail outlet.

 

Vote: 9 for, 2 against

 

RESOLVED that planning permission be granted 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:

 

§  Proposed block plan ref 2448-A3-07C (2a/3)

§  Proposed plans, elevations and section ref 2448-A1-08C (3/3)

 

            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.  These works shall be carried out entirely in accordance with the approved details.  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 Policy G1.

 

4.            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..

 

            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

 

5.            No development shall take place above ground level until details are submitted to and approved in writing by the Local Planning Authority that shows the provision and implementation of a flood warning evacuation plan. The flood warning and evacuation plan shall be carried out in accordance with the approved details

 

            Reason: To  ...  view the full minutes text for item 25.

26.

PLANNING APPLICATION B 18 0323 pdf icon PDF 181 KB

Proposed erection of 1 no. two and a half storey dwelling, extended vehicular access and a new vehicular access.

 

Land to rear of 29 Woodville Road  Boston  PE21 8AP

 

Mr S Penson   Habitat Residential Ltd

 

 

 

 

 

THIS MEETING WILL ADJOURN AT THIS POINT IN THE PROCEEDINGS AND RECONVENE AT 2PM

Additional documents:

Minutes:

Proposed erection of 1 no. two and a half storey dwelling, extended vehicular access and a new vehicular access

 

Land to rear of 29 Woodville Road, Boston, PE21 8AP

 

Mr S Penson, Habitat Residential Ltd.

 

The Senior Planning Officer presented the report.

 

Representation was received from Mr C Wicks, the applicant’s agent.  In summary, Mr Wicks’ stated that this was a resubmission of the proposal following refusal of planning permission.  The application had been revised and now proposed one dwelling instead of two and the reasons for refusing permission had been addressed.  The proposed dwelling was not close to the highway; it would be set back from the road.  There were two car parking spaces.  The building height matched the heights of existing dwellings.  It accorded with paragraph 64 of the NPPF.  It was attractive and sympathetic.  Flood risk issues had been overcome.  The dwelling would have a long garden, 14 metres long, and no rear windows.  The building would be higher than the dwelling at 1 Cherry Walk.  The proposal was much improved from the previous application, the separation distances were satisfactory and there would be no loss of amenity.  If this site was considered too small, there would many such gaps left undeveloped.  The proposal was not dominating or intrusive and would not adversely affect the area.  Mr Wicks added that the hedge on the site would be tidied up. 

 

It was proposed by Councillor Brian Rush and seconded by Councillor Jonathan Noble that planning permission be refused in line with the Planning Officer’s recommendation. 

 

Vote: 10 for, 1 against

 

RESOLVED that planning permission be refused, as recommended by the Planning Officer, for the reason set out below.

 

The proposed dwelling, having regard to its position in relation to neighbouring dwellings and respective boundaries coupled with its height and design, will be out of character with the overall pattern of development in the area and will appear dominant, awkward and visually intrusive to the amenity of the neighbouring occupiers and will substantially harm the character of the area.

 

Consequently the proposed development will therefore contravene the objectives of Boston Borough Local Plan 1999 Policies G1, H2 and H3, the National Planning Policy Framework (2018) and Policies 2 and 3 of the South East Lincolnshire Local Plan2011-2036.

 

Refused drawing numbers:

 

§   Location plan  ref 17-2382-P-02 Rev A

§   Proposed site plan ref 17-2382-P-03 rev A

§   Proposed plans and elevations ref 17-2382-P-01 rev E

 

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.

 

THE CHAIRMAN ADJOURNED THE MEETING AT THIS POINT IN THE PROCEEDINGS AND RECONVENED THE MEETING AT 2PM

 

27.

PLANNING APPLICATION B 18 0337 pdf icon PDF 200 KB

Siting of a portakabin to provide office and kitchen area for a temporary 3 year period.

 

Drayton Motors  The Drayton Swineshead  Boston  PE20 3JN

 

Wilson and Co. (Kia) Ltd

Additional documents:

Minutes:

Siting of a portakabin to provide office and kitchen area for a temporary 3 year period

 

Drayton Motors, The Drayton, Swineshead, Boston, Lincolnshire, PE20 3JN

 

Wilson & Co (Kia) Ltd

 

The Planning Officer presented the report and summarised the contents of a letter of objection received from the occupier of Corner Cottage, which had been received after the publication of the agenda pack and copied to Members prior to the meeting. 

 

It was proposed by Councillor Peter Bedford and seconded by Councillor Tom Ashton that planning permission be granted as recommended by the Planning Officer.

 

Vote: 10 for, 1 abstention

 

RESOLVED That planning permission be granted subject to the following conditions and reasons:

 

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 –

 

§  Plan 1/3 – Site Plan

§  Plan 2/3 – Block Plan (5653 Layout)

§  Plan 3/3 – Proposed Site Layout Plan (TS.DM.2018.01.PC)

§  Application Form

 

Reason:  To ensure the development is undertaken in accordance with the approved details, in the interest of residential amenity and to comply with saved Policy G1 of the Adopted Plan.

 

3.            This planning permission is granted for a limited period only expiring 3 years from the date of this permission.  The portakabin hereby permitted shall be removed and the land restored to its original condition.

 

Reason: The development hereby approved is not considered suitable as a permanent development to safeguard amenity and to comply with policies set out in the Boston Borough Local Plan 1999 in accordance with Policy G1.

 

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.

28.

PLANNING APPLICATION B 18 0263 pdf icon PDF 198 KB

Demolition of existing dwelling and erection of terrace block of 6 no. three store houses with new access and associated site works.

 

118 Church Road  Boston  PE21 0LG

 

Mrs B Orrey

Additional documents:

Minutes:

Demolition of existing dwelling and erection of terrace block of 6 no. three storey houses with new access and associated site works

 

118 Church Road, Boston, PE21 0LG

 

Mrs B Orrey

 

The Growth Manager presented the report and advised Members of a typographical error on page 125 of the agenda pack, where the measurement of allocated parking spaces should read 4.8 x 2.4m; sizes had been checked and it was considered very unlikely that there would be any overhanging of vehicles.  

 

A letter of support had been received from the occupier of 80 Church Road, to the effect that they liked the design of the proposed houses, which would meet an existing demand, and most residents would walk into Boston.  Also, it would put the site to good use, as it had been used by ‘undesirables’. 

 

Representation was received from Mr J Cartwright in objection to the application, the main points of which were: 

·         The fundamental issue causing concerns was that the proposed development was too large for the scale of the site leading to problems with privacy, parking, character of area and visual impact.

·         The proposed 3-storey dwellings with little adjoining open ground would dominate surrounding properties, especially in Windsor Crescent.  Residents spoken to felt it would reduce their privacy and sunlight significantly.  

·         Proposed car parking provision was insufficient; a total of 9 spaces against the Highway Authority’s recommendation of 2 per house.  As people often had 2 vehicles, the overspill would park outside the development, which is situated on the bend of a busy road. 

·         The proposal would have a negative visual impact; there were no 3-storey dwellings with flat roofs in the area; they were predominantly 2-storey with gable roofs; the proposed dwellings would be completely out of character. 

·         Outline planning permission granted on the adjacent site had been limited to 2 storeys to retain the character of the area.

·         The site did require re-development, but this proposal was commercial in appearance and would adversely affect the area; there was no reason why the design should not match the existing dwellings.

·         Living right by the site, no-one had been seen using the site or vandalising it and it was usually locked up.

 

Mr C Wicks, the applicant’s agent, asked permission to circulate two copies of the proposal, purely because the slide shown by the Planning Officer was faint and the Chairman allowed this.

 

Representation was then received from Mr Wicks, summarised as follows:

·         The existing house on the site was semi-derelict and used by vagrants and drug-users; this proposal represented an opportunity to improve the quality of the area.

·         Planning permission had been given in the past for a large extension to the existing dwelling and it already had large windows overlooking the gardens to the rear in Windsor Crescent.

·         The proposal was well-designed and contemporary with quality materials, satisfying SELLP Policy 3, and would inspire similar new development.

·         Flood risk requirements would be met by lifting the terrace, which enhanced the main elevation.

·         The building would  ...  view the full minutes text for item 28.

29.

PLANNING APPLICATION B 18 0137 pdf icon PDF 174 KB

Outline planning application for erection of 2 detached dwelling houses with details of access with all other matters reserved.

 

Land adjacent to Holly House  84 Causeway East  Wyberton  Boston  PE21 7AR

 

Mr and Mrs D Bell.

Additional documents:

Minutes:

Outline planning application for erection of 2 detached dwelling houses with details of access, with all other matters reserved

 

Land adjacent to Holly House, 84 Causeway East, Wyberton, Boston,

PE21 7AR

 

Mr & Mrs D Bell

 

[Councillors Tom Ashton, David Brown and Yvonne Stevens left the room for the entire consideration of this application.]

 

The Growth Manager presented the report.  Since the agenda was published a Flood Risk Assessment had been received.  There was nothing new of significance within the Flood Risk Assessment compared to the requirements already highlighted by the Environment Agency except that it identified that the ground floor should be 150mm above existing ground levels, which would only be a slight increase in height. 

 

The site was on a 60 mph road with a sharp turning.  The Highway Authority had originally objected to the application; however, the applicant had undertaken traffic surveys that indicated that the speed limit could be effectively reduced to enable the necessary visibility splays to be provided, potentially, a 30 mph limit could be considered requiring a 43-metre visibility splay.  Visibility splays of 65 metres would be required for a speed limit of 40 mph and it was not possible to provide this.  The necessary works, requiring further surveys and assessments by the Highway Authority would be required through a Section 106 Planning Obligation, which had not yet been negotiated and, therefore, this was one of the reasons that Planning Officers recommended that planning permission be refused.  If the application was approved it would have to be subject to completion of this agreement if it was considered that the speed limit needed reducing.

 

Representation was received from Mrs S Bell, one of the applicants, which included:

·         The proposal would be part of a much larger development once the Quadrant was completed and Wyberton had all amenities, including a primary school etc, as well as a social club and playing field across the road. 

·         The site was within a short distance of regular bus services into Boston just two miles away; the site was sustainable, not remote.

·         There was footway and roadway lighting.

·         The traffic survey on the road indicated that vehicles averaged 760 per day with an average speed of 28 mph.  This information had only become available in September and they had no problem entering into an agreement on this issue.

·         The property had been rebuilt and it appeared there had been intention of infill.

·         Planning permission for a house immediately opposite had been granted four years previously, as yet unbuilt.

·         The Planning Officer’s report at paragraph 7.4 stated that “the NPPF therefore effectively replaces the housing supply policies in the Development Plan meaning that the weight to be attributed to Policy C01 ‘Development in the Countryside’ is negligible”.

·         The two plots would be amongst semi-mature trees so landscaping would be unspoilt.

·         By gaining an additional access onto the road, the existing access would be used less, which represented a planning gain and it was only 10 metres from the bend compared  ...  view the full minutes text for item 29.

30.

APPEALS REPORT pdf icon PDF 158 KB

A report by the Growth Manager

Additional documents:

Minutes:

The Growth Manager presented a report, which advised Members of the receipt of the appeal decisions in respect of Planning Application B/17/0373, Change of use from existing residential space to form shop/off licence, 120 Skirbeck Road, Boston, PE21 6DG.  Officers had made a delegated decision to refuse the application. 

 

The decision of the Planning Appeal Inspector had been to dismiss the appeal.  A copy of the Inspector’s decision was attached to the report.

 

Action: LH

Provide a breakdown of appeal results in terms of Committee decisions and decisions made by officers with delegated authority.

31.

PLANNING APPLICATION VALIDATION CHECKLIST pdf icon PDF 143 KB

A report by the Growth Manager

Additional documents:

Minutes:

The Growth Manager presented a report, which set out proposed planning application validation checklists.

 

Planning applications required information to be provided by the applicant in order for the proposal to be considered against national and local plan policies as well as other material considerations.  The Government set out within the National Planning Practice Guidance (Paragraph: 016 Reference ID: 14-016-20140306) the information required to be submitted for an application to be valid (including application form, fee, site and location plans).  However, other information was more often than not required, such as floor and elevation plans, flood risk assessments, planning statements etc.  This information was not statutorily required to make an application valid and was currently requested by the Council if not submitted with the application after the application was notified to neighbours and Councillors on the weekly list.

 

This could cause delay in the determination of the application.  The Growth and Infrastructure Act 2013 enabled local planning authorities to adopt a ‘local list’ of requirements.  This, the National Planning Policy Framework 2018 and Planning Practice Guidance, required Local Planning Authorities to only request information that was relevant, necessary and material to the development proposed and to review their validation checklist every 2 years in order to be able to rely on information requirements within their local list.

 

A local list had been prepared for planning applications detailing the information required for the differing types of proposals that might be submitted to the Council, as well as detailing when the relevant information would be required.  A shortened, and simpler, version had been created for householders.

                                                 

The Council currently validated planning applications in accordance with the national list.  This required very little information to be submitted in order to make an application valid.  This led to delay in the processing of many applications, frustration for people partaking in the planning process as well as increasing costs for the Council.  Adopting a local list of application requirements would overcome this and was considered to outweigh any disadvantages.

 

Vote: Unanimous

 

RESOLVED That:

§  The proposed planning application validation checklists be agreed;

§  The proposed checklists be subject to consultation for a minimum of 6 weeks (in accordance with government guidance) to statutory consultees, agents, developers and town and parish council’s; and

§  A report on the summary of consultation responses be presented to Planning Committee

32.

DELEGATED DECISION LIST pdf icon PDF 62 KB

Minutes:

The delegated decision list for 1st to 28th September 2018 was noted.