Agenda and draft minutes

Planning Committee - Tuesday, 13th November, 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

33.

APOLOGIES

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

Minutes:

Apologies for absence were tabled by Councillor Claire Rylott with Councillor Tom Ashton substituting.  Apologies were also tabled for Councillor Stephen Raven.

34.

MINUTES pdf icon PDF 306 KB

To sign and confirm the minutes of the last meeting, held on 16th October 2018.

Minutes:

With the agreement of the committee the Chairman signed the minutes of the last meeting.

35.

DECLARATION OF INTERESTS

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

Minutes:

Standing declaration of interest were tabled in respect of all planning applications on the agenda for all members of the committee who were also:

Members of Lincolnshire County Council

Members of the South East Lincolnshire Local Plan

Representatives of the various Internal Drainage Boards.

 

Individual declarations of interest are recorded below:

 

Councillor Michael Cooper declared that as a member of the Black Sluice Drainage Board, which was located next to the site of planning application B 18 0299, he felt compromised and therefore he would absent from the meeting for the item.   Councillor Cooper also declared that as the applicant for planning application B 18 0397 was known to him personally he would absent from that item.

 

Councillor Stephen Woodliffe declared that he had a clear conflict of interest in respect of planning application B 18 0298, due to his significant history in a variety of roles associated with Boston Grammar School which was subject to a potential Section 106 contribution within that application.  He advised he would absent from the meeting.

 

Councillor Alison Austin declared that whilst a number of objectors in respect of planning application B 180 0298 were known to her, she had not discussed the application with any one of them.

 

Councillor Brian Rush declared that the applicant for planning application B 18 0397 was known to him he felt able to fairly determine the application.

 

Councillor Peter Bedford stated that although he was a member of the Black Sluice Internal Drainage Board, he did not feel conflicted in determining planning application B 18 0299 and would remain in situ for the deliberation.

 

Councillor Thomas Ashton declared that although he was a member of the Black Sluice Internal Drainage Board, and having considered advise by the monitoring officer he did not feel compromised in any way and he felt able to determine planning application B 18 0299 with an open mind.

 

Councillor Paul Skinner confirmed that whilst he was a member of the Black Sluice Drainage Board he felt comfortable in determining planning application B 18 0299.

 

Councillor Sue Ransome declared that whilst is attendance at the previous meeting of Kirton Parish Council, she declared her position of vice chairman of the planning committee at the outset of the meeting, ahead of any business and noted she would take no part in any discussions made following the address by Mr McCrory in respect of planning application B 18 0346.

 

Councillor David Brown stated that he always absented himself from Wyberton Parish Council meetings when any planning application was discussed and he had not taken part in any discussion on planning applications B 18 0298 and B 18 0397 tabled on the agenda.

 

 

36.

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 8th November 2018.

Minutes:

No public questions were tabled.

37.

PLANNING APPLICATION B/18/0346 pdf icon PDF 605 KB

Outline application for residential development (up to 8 dwellings) with all matters reserved for later approval

 

Land west of Millview, Donington Road, Kirton End, Boston, PE20 1NX

 

Mr Carl Bates

Minutes:

Outline application for residential development (up to 8 dwellings) with

all matters reserved for later approval

Land west of Millview, Donington Road, Kirton End, Boston, PE20 1NX

Mr Carl Bates.

 

The Senior Planning Officer presented the report to the committee and advised an update following issue of the agenda. 

One further representation had been submitted in objection to the application from KEROTD and prepared on behalf of a number of residents at Kirton End.  Copies of the submission had been issued to all committee members ahead of the meeting and it was for members to place the appropriate weight on the letter in the determination of the application.

 

Representation was received in objection to the application by Mr McCrory which included:

 

The residents represented by KEROTD had sought to represent what was best for their community.  The residents had been mocked as being emotional standing in the way of progress and delusional.  They had entered into the process with a genuine belief in what they were doing.  Helping people to own their own home was admirable and was enshrined in a ‘right to buy’ policy adopted by several governments and had become subjected to a singular abused adjunct affordability.  With no method to enforce that adjunct it had been waved around with immunity as a weapon in planning applications to beat down those who object and to conceal the profitability that drove the application process.  The countries brown belt communities had been pummelled with many permanently scarred by housing developments.  Agricultural output had been eroded and the working countryside permanently eviscerated.  How did it re-invigorate settlements that had not asked for alien intrusion offering benefits to the community which would not be delivered?  The adverse impact of the application outweighed its benefits.  Ambition was a mixture of desire and determination excellent qualities applied correctly.  Applied within a thin guise of greed they were dangerous and divisive and should not be allowed to challenge others of their statutory entitlement.  KEROTD’s definitive position was in five ways.  Number one was the right to reasonableness The Wednesbury Test and the Third Limb. Number two its right to a duty of care, foreseeability, interest for the good of the community and material risk and vicarious liability.  Three its right to enjoy one’s own possessions unclean hands depravation of rights and process subversion.  Number four right to privacy and limitations of public authority to interfere.  Number five statement of intent affirmation of rights to judicial review and equity.  Conclusion to approve the development was not a controlling measure it was a deprivatory measure which would deprive residents of their rights and permanently increase traffic and add road hazardous at Donington Road and Kirton End.  It would further erode the working countryside.  The proposal had no interest in the good of the community and was a bare knuckle for profit enterprise with a conniving edifice of political platitudes about home ownership, affordability and sustainability it had surreptitious plausibility and lacked any binding commitment to the platitudes  ...  view the full minutes text for item 37.

38.

PLANNING APPLICATION B/18/0274 pdf icon PDF 1 MB

Erection of 2 semi-detached and 4 detached bungalows and detached garages and associated site works

 

Land rear of 60 and 62 Willington Road, Kirton, Boston, PE20 1EW

 

Mr Roger Leighton, Roger Leighton Homes Ltd

Minutes:

Erection of 2 semi-detached and 4 detached bungalows and detached garages and associated site works

Land rear of 58, 60 and 62 Willington Road, Kirton, Boston, PE20 1EW

Mr Roger Leighton, Roger Leighton Homes Ltd.

 

The Senior Planning Officer presented the report to the committee and referred then to section 5 of the report on page 47 members, advising that one further submission had been received.  The occupier of 60 Willington Road Kirton had objected to the removal of his rear boundary railings and also cited concerns regarding access for emergency vehicles.  Members were advised that an amended plan had been submitted which showed that the 2.4m high fence had changed and been set behind the existing railings.

 

Representation was received from the applicants agent Mr Wicks which included:

Stating the development was a mixture of 2 and 3 bedroom bungalows set in a private, secure location via a private drive way off Willington Road, Mr Wicks advised that whilst the majority of site was beyond the Kirton curtilage, most of it was included within the draft local plan and ironically the bit not included was the space required for the site access, which was the one part that was brownfield land.   The application had been worked to an accurate Topo survey which showed that the site had plenty of area to plant trees and appropriate shrubs.  The access was supported by County Highways and members were advised that although from a flood risk situation it was being lifted 500mm, they needed to bear in mind it needed to be lifted up 150mm to get to DPC which left a minor increase.  Mr Wickes referenced similar sites namely Birch Close and Loveday Lane in Wyberton Old Village, both of which were of a similar character to the application and both of which had fitted seamlessly into the area.   Kirton was a main service area and since the site was contained within the SHLAA and the draft local plan, significant weight needed to be applied to policy 1.    The design details were linked and would produce a strong sense of place and create an attractive, welcoming and distinctive place to live and visit.  The proposal made sufficient use of the site providing all bungalows with south and west facing gardens; there would be little overlooking due to the properties being the same size and members were advised that the size of the development was entirely appropriate to the target audience.  Mr Wicks confirmed that a former client had already approached him in respect of purchasing one of the bungalows having seen the application on the Council website.  The individual nature of design of the private properties would create a secure, characterful, closely knit courtyard development, aimed at the retired part of the community.  The site was also only a short walk to the central facilities of Kirton.  The bungalows would have minimum impact of adjacent gardens, bird boxes would be provided and the removal of the garage on the edge of  ...  view the full minutes text for item 38.

39.

PLANNING APPLICATION B/18/0299 pdf icon PDF 753 KB

Installation of 10 wall-mounted wind turbines

 

Reflex Lables, Station Road Industrial Estate, Station Road, Swineshead, Boston, PE20 3PW

 

Mr David Liversuch, Reflex Labels

 

Minutes:

Installation of 10 wall-mounted wind turbines         

Reflex Lables, Station Road Industrial Estate, Station Road,

Swineshead, Boston, PE20 3PW

Mr David Liversuch, Reflex Labels

 

The Senior Planning Officer presented the report advising that there was no update information to the report tabled.

 

No public representation was received in respect of this item.

 

During committee deliberation the Legal Advisor Mr Parsons intervened in the proceedings, addressing comments made in concern of potential vibration from turbines generating excessive noise inside the building and potentially affecting workers on the site.  Mr Parsons reminded Councillors that the planning decision should be determined on planning considerations and if legislation provided for other elements then it was not something to be considered.  The subject was not a material planning consideration and should there be issues raised in respect of noise, they would not come back through the planning regime to look to correct it.  He clarified that in terms of the noise in relation to the amenity it was, but on the building itself it was not. 

 

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

 

Vote:      In Favour 11.        Against. 0.      Abstention:  0.

 

RESOLVED:  That the application be granted in line with officer recommendation 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 51 of the Planning and Compulsory Purchase Act 2004.

 

2        The development hereby permitted shall be carried out in accordance with the following approved plans :

 

·  Site location plan ref SLP

·  Elevation plan ref 05/3 Rev D

 

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

 

3     The wind turbine’s noise level shall not exceed a level of 35 dB(A) expressed as LA90 10 min at any existing dwelling  outside of the curtilage of the approved site up to on-site wind speeds of 10m/s measured at a height of 10m in accordance with the guidance contained within the Department of Trade and Industry Report 'The Assessment and Rating of Noise from Wind Farms' (ETSU-R-97).

 

Reason:  In the interests of residential amenity  and to accord with saved Policies G1 and ED11 of the Adopted Plan.

 

4.        Within 28 days from receipt of a written request from the Local Planning Authority following a reasonable complaint to it alleging noise disturbance at a dwelling, the landowner shall, at his expense, employ an independent consultant approved by the Local Planning Authority to assess the level of noise emissions from the wind turbines at the complainant’s property. The consultant shall submit a report to the Local Planning Authority within 2 months of the date of the letter which shall include measures necessary to remedy any breach of noise emissions set out in Condition 3. Those measures shall  ...  view the full minutes text for item 39.

40.

PLANNING APPLICATION B/18/0328 pdf icon PDF 544 KB

Outline application with all matters (access, landscaping, layout,        appearance and scale) reserved for later approval for the erection of up to 26 dwellings.

           

Land adjacent to Magnolia Lodge, Benington Road, Butterwick,   PE22 0EX

 

Mrs Jennifer Heath

 

Minutes:

Outline application with all matters (access, landscaping, layout,        appearance and scale) reserved for later approval for the erection of up to 26 dwellings

Land adjacent to Magnolia Lodge, Benington Road, Butterwick,   PE22

0EX

Mrs Jennifer Heath

 

The Senior Planning Officer presented the report to committee confirming there were no updates to the report tabled.  He did however stress that following comments in earlier determinations on the agenda in respect of settlement boundaries, that the site was shown outside the settlement boundary within the 1999 adopted plan.  It was however an allocation within the settlement boundary, within the re drawn local plan, which was being given weight.

 

No public representation was received in respect of this item.

 

It was moved by Councillor Alison Austin and by Councillor James Edwards that committee be minded to grant the application in line with officer recommendation, subject to the conditions and reasons therein, subject to the proviso therein in respect of the section 106 planning obligation and that authority be delegated to the Growth Manager to approve the application upon satisfactory completion of the planning obligation.

 

Vote:      In Favour 9.        Against 3.      Abstention:  0.

 

RESOLVED:  That the application be granted in line with officer recommendation, subject to the following conditions and proviso in respect of the section 106 planning obligation and that authority be delegated to the Growth Manager to approve the application upon satisfactory completion of the planning obligation.

 

§  Any permission is not released until the applicants have entered into a section 106 planning obligation with the Council requiring the provision of 4 affordable housing units and a contribution of £67,965 for education towards the provision of four classrooms at Haven High Tollfield Campus

 

§  Authority is delegated to the Growth Manager to approve this application upon satisfactory completion of the planning obligation.

 

1.           No development shall commence until details of the layout, appearance, landscaping, scale and access 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 51 of the Planning and Compulsory Purchase Act 2004.

 

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 shall proceed fully in accordance with the submitted location plan ref: 1301-1_OP_LP01.

 

Reason: To ensure the development is  ...  view the full minutes text for item 40.

41.

PLANNING APPLICATION B/18/0298 pdf icon PDF 720 KB

Outline application for residential development (up to 30 dwellings) with all matters reserved for later approval

 

Land to rear of 1-9 Ralphs Lane, Wyberton, Boston, PE21 7AX

 

Mr W B Lake

Minutes:

Outline planning application for residential development (up to 30

dwellings) with all other matters reserved    

Land to rear of 1-9 Ralphs Lane, Wyberton,  Boston, PE21 7AX

Mr W.B. Lake

 

The Growth Manager presented the report initially directing Councillors attention to page 9 of the report and paragraph 7.9 which said that the SELLP was currently out for consultation in relation to modifications.  To clarify the position, the consultation had closed in August and as such officers were now giving significant weight to a number of the policies within the local plan. 

 

Representation was received from Mr Clark in support of the application which included:

 

Stating he was a director of Clark Group Construction Mr Clark stated that aside from building for local clients, the company also undertook their own residential developments for the open market and had done several to date within the local area.  The development on Aaron Way Kirton having been a finalist in the Boston Brough Council Bulding Control Awards.  Confirming he was speaking as a supporter for the application Mr Clark noted that his local company were always willing to work with the local planning authority in identyfying favourable sites for development to meet the housing needs set out by Government.  The application site was one which had received positive pre application advice from Boston Borough Council’s planning department earlier in the year and that he felt was ideal for development due to being a largley infill piece of land, with excellent access to the public and in easy reach of all utilities to service the site.  From a purchasers perspective the site was within 150m of a public bus stop and within easy reach of a variety of services and facilities within Wyberton including  primary school, parish hall, public house and post office and food store. Should the application be approved the section.106 contribution for the development would a total of £171k split between 3 local schools including £68k to Wyberton Primary School.  Furthermore construction of such a development would provide jobs and employment for the local economy.

 

 

 

Representation was received from Mr Forman the agent for the applicant which included:

 

Stating his company Guy Forman Architects was an award winning practice working in the residential, heritage and town planning sectors, Mr Forman advised that the application was the subject of a pre planning application enquiry to Boston Borough Council earlier in the year.  He stated he was pleased to confirm that positive pre application advice had been received by the planning officers to the proposal.  Whilst the site sat outside, but abutted the development boundary, on the basis that Boston Borough was unable to show a 5 year housing supply along with the new local plan not yet adopeted, Boston Borough Council’s planning department had confirmed the site in question was favourable for development for circa. 30 dwellings.  However, they did advised it would not be favourable once the new local plan had been adopted.  Concious of not proceeding with the scheme should time  ...  view the full minutes text for item 41.

42.

PLANNING APPLICATION B/18/0397 pdf icon PDF 822 KB

Change of use of an existing detached dwelling house (Class C3) to form a hotel (Class C1), including interal alterations

 

The Firs, West End Road, Wyberton, Boston, Lincolnshire, PE21 7LL

 

Mr A Arundell

Minutes:

Change of use of an existing detached dwelling house (Class C3) to form a hotel (Class C1). Incease the height of the previously approved side extension (B/17/0140) by 1m.

The Firs  West End Road  Wyberton  Boston  PE21 7LL

Mr A Arundell

 

The Growth Manager presented the report to the committee providing updates following issue of the report she confirmed that an objection had been received as follows: 

from Laburnum House West End Road “we wish to object to the proposed application we have already been impacted by light pollution from the car park which has been made in the adjacent field ready for the proposed hotel.  We had to install a black-out blind in our daughters’ room due to the lights being on all night.  The adjacent field which the car park is being built in had always been water logged in the winter and this last winter was standing in water for quite a few months.  We have also had to rely on a septic tank to deal with sewage and waste water as this part of west end road does not have mains sewage.  This can be an issue in winter when the land is water logged”.

 

The Growth Manager then referred members to the heading flood risk and drainage para.7.30 in the report she noted that it stated the property was connected to Anglian Water main sewage pipe in West End Road. 

 

Representation was received from the applicant Mr Arundell which included:

 

Stating he wished to recognise the concerns of the local residents Mr Arundell confirmed he had read the letters received and summarised the objections as no demand for a hotel, unsuitable location and visual impact, increased traffic and noise, drainage and flooding and privacy and loss of property value.  Address the points Mr Arundell noted that there was significant need for another hotel in Boston as searches for accommodation on the website substantiated.  Hotels encouraged tourism and boosted the local economy allowing guests to stay in Boston:  the local businesses also benefitted as guests visited the town.   Referencing concerns about visual impact members were advised that the windows on the side of the extension which faced the neighbours were lower and the fence from the new plan was 1.8 metres.  Guests would be unable to look out onto neighbours gardens.  Noting the impact of traffic and noise Mr Arundell stated his guests would complain if there was noise and you could also be subject to bad reviews on social media bookings sites.  The car park was built away from the hotel in the middle of the field and there would be trees for screening around the cars.  With a potential additional 20 cars it would not generate excessive traffic on what it a busy road.    Addressing issue of flooding members were advised that the field did have old land drains in it but new drains were being fitted.  There was a dyke down the side of the field which piped through to a large culvert  ...  view the full minutes text for item 42.

43.

DELEGATED DECISION LIST pdf icon PDF 338 KB

The Delegated Decision List for October 2018

Minutes:

Committee noted the delegated decision list.