Agenda and minutes

Planning Committee - Tuesday 11th December 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

44.

APOLOGIES

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

Minutes:

Apologies were tabled by Councillor Stephen Raven with no substitute member.

45.

MINUTES pdf icon PDF 270 KB

To sign and confirm the minutes of the last meeting.

Minutes:

With the agreement of the Committee the Chairman signed the minutes of the previous meeting held on Tuesday 13 November 2018

46.

DECLARATION OF INTERESTS

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

Minutes:

Standing declarations of interest are tabled for Councillors noted below:

 

Lincolnshire County Councillors:

Alison Austin and Paul Skinner

Members of South East Lincolnshire Joint Strategic Planning Committee:

Michael Cooper, David Brown, Claire Rylott and Sue Ransome

Representatives of Internal Drainage Boards:

Peter Bedford, Michael Cooper and Claire Rylott

 

A collective declaration of interest was tabled for all members of the committee in respect of planning application B 18 0428 in that the applicant was a relative of an Officer of Boston Borough Council.

 

A further collective declaration of interest was tabled for all members of the committee with the exception of Councillors Peter Bedford; Brian Rush and Claire Rylott, in respect of planning application B 18 0468 in that the applicant was a relative of an Officer of Boston Borough Council.

Councillor Peter Bedford declared a conflict of interest in that application as the applicant was personally known to him and as such confirmed he would absent from the item.

Councillor Claire Rylott declared a conflict of interest in that application in that the applicant was known both professionally and personally and as such she would absent from the item.

Councillor Brian Rush declared a conflict of interest in that item in that the applicant was a neighbour and as such he would absent from the item.

 

Councillor Peter Bedford declared a conflict of interest in planning application B 18 0012 stating he was a family friend of the applicant and as such would absent from the meeting for that item.

 

Councillor Stephen Woodliffe declared he would speak as the ward member in respect of planning application B 18 0284 and as such would absent from the meeting once he had concluded his representation.

Councillor Woodliffe further declared a conflict of interest in planning application B 18 0012 citing his multiple historic associations with Boston Grammar School, which should the application be granted, could be subject to financial gain via the Section 106. Agreement within the application.  He confirmed he would absent from the meeting.

 

Councillor Yvonne Stevens stated for transparency reasons she would absent from the meeting for planning application B 18 0395 as the applicant was a personal friend.

 

Councillor Brian Rush declared a prejudicial interest in planning application B 18 0413 and would absent from the meeting for the item.

 

47.

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 6th December 2018.

Minutes:

No public questions were tabled.

 

It is recorded that Councillor Stephen Woodliffe absented from the meeting at this point in the proceedings.

48.

PLANNING APPLICATION B 18 0284 pdf icon PDF 201 KB

Erection of 4 two storey residential dwellings and private access road leading from The Boundary following demolition of 73 & 73A Rosebery Avenue     

 

73, 73a & 75 Rosebery Avenue, Boston, PE21 7QR

 

Mr B H French

 

Additional documents:

Minutes:

Erection of 4 two storey residential dwellings and private access road leading from The Boundary following demolition of 73 & 73A Rosebery Avenue

 

73, 73a & 75 Rosebery Avenue, Boston, PE21 7QR

 

Mr B H French.

 

The Growth Manager presented the report to committee and advised that the application had been subject to an amendment since its original submision which had been for 6 dwellings.  The application had been changed and was now submitted for 4 dwellings.

 

Furthermore two typograpical errors were highlighted within the report:

 

The first was on page 26 under 2.2 of the report which should read 67 and 79 Rosebery Avenue and not as stated within the report 67 and 75 Rosebery Avenue.

 

The second was on page 36 under paragraph 7.22 which should state plot 1 would sit behind 67 Rosebery Avenue and not 67 Sleaford Road.

 

Repesentation was received from Mr Bradley the applicant’s agent which included:

 

Confirmation that the application was to develop and existing site into 4 dwellings together with public access.  The existing dwellings were between  30 – 40 year old and had limited architectural merit and did not match the adjoining development.   It was served by vehicular access onto Rosebery Avenue which was only 3 metres wide and only capable of serving one dwelling.  The original application for 6 dwellings with access via The Boundary had been amended, following comments of local residents, to 4 dwellings.  Plot 1 would utilise the direct access to Rosebery Avenue with the remianing 3 dwellings accessing via the 4.1 metre wide road which was compliant with Highways guidelines.   Plot 1 was designed with a screen wall to the northern flank and would only be accessed by Rosebery Avenue.    The development matched half of the existing development and would be compliant with Enviornment Agency standing advice in respect of flood risk.  The design included sympathetic use of materials to ensure the development would blend with the adjoining dwellings and would meet current latest insulation standards and meet current energy performance targets.  The scheme would be connected to the existing foul sewerage system and be replaced with modern surface water system.   Finished floor levels were proposed to be 1m above existing ground to be compliant with current EA rating.  It was proposed to raise ground levels by an average of 450mm and grade down to existing ground levels. The surface water mamagement system would cope with surface water run-off comprising of an undergrond modular cell collection tank.   To mitigate the effect of surface water run-off french drains had been incorporated adjacent to the access road and in the rear gardens.   A construction management plan had been submitted to ensure all construction traffic would be confined to the existing direct access from Rosebery Avenue with no construciton traffic being allowed via The Boundary.   Committee were asked that should it grant the application if it could consider reducing the finished floor levels by 500mm which would have a positive effect in rspect of the height of the buldings and issues  ...  view the full minutes text for item 48.

49.

PLANNING APPLICATION B 18 0405 pdf icon PDF 312 KB

Approval of reserved matters for 178 dwellings (access, appearance, layout, landscaping and scale) following approval of B/16/0436  including the submission of details in relation to Condition 8 - Public Open Space and Condition 9 - Site Levels

 

Land east of Lindis Road (inc, former Shooter’s Yard), Boston.

 

Mr Steven Ibbotson, Cyden Homes

Additional documents:

Minutes:

Approval of reserved matters for 178 dwellings (access, appearance, layout, landscaping and scale) following approval of B/16/0436  including the submission of details in relation to Condition 8 - Public Open Space and Condition 9 - Site Levels.

 

Land east of Lindis Road (inc, former Shooter’s Yard), Boston.

 

Mr Steven Ibbotson, Cyden Homes

 

The Senor Planning Officer presented the report confirming it was reserved matters following initial outline permission being granted on the 20 June 2017.  Members had requested all reserved matters to be considered and determined by committee.  No updates to the report tabled were presented.

 

Representation was received from the applicant Mr Ibbotsen which included:

Members were reminded that the principle of residential development for up to 180 dwellings had already been established on the site.   A single access point had been created on Lindis Road connected to a looped road system allowing vehicles and pedestrians through the development.  Connecting and linking to the existing footpaths through the site and providing pedestrian linkage to Eastwood Road.  No objection to the layout had been received by the Highways Department.  The road network was linked by a full sustainable drainage system.  The application had a mixture of dwellings to meet the housing demand in Boston and provided 27 affordable dwellings.  The public footpaths within the site would be within tree lined corridors and the open space had been increased beyond the minimum requirement.  Play space and open grass amenity areas were available.  The report agreed that the relationship between the houses had been well considered, with good sized rear gardens with acceptable separation distances between proposed and existing properties. 

 

It was moved by Councillor James Edwards and Seconded by Councillor Alison Austin that the committee approve the reserved matters application in line with officer recommendation and subject to the conditions and reasons therein.

 

Vote:    In Favour:  12.    Against:  0.      Abstention:  0

 

RESOLVED:    That the reserved matters be approved in line with officer recommendation and subject to the following conditions and reasons:

 

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

 

§  Topograhical Survey drwg no. 15-204-01

§  Proposed Site Layout Plan drwg no. 115/A0/02 Rev. A

§  Proposed Landscape Layout drwg no. 115/A0/04 Rev. C

§  Proposed Materials Layout drwg no. 115/A0/05 Rev. A

§  Proposed Separation Distances drwg no. 115/A0/11 Rev. A

§  Proposed House type dH418 drwg no. 115/101

§  Proposed House type dH414 drwg no. 115/102 & 115/103

§  Proposed House type dH420 drwg no. 115/104 & 115/105

§  Proposed House type dH409 drwg no. 115/106

§  Proposed House type dH408 drwg no. 115/107 & 115/108

§  Proposed House type dH404 drwg no. 115/109

§  Proposed House type dH403 drwg no. 115/110

§  Proposed House type dH402 drwg no. 115/111

§  Proposed House type dH401 drwg no. 115/112

§  Proposed House type dH430 drwg no. 115/113 Rev. A

§  Proposed House type SH303 drwg no. 115/114

§  Proposed House type sH320-319 drwg no. 115/115

§  Proposed House type tH319-320-202 drwg no. 115/116

§  ...  view the full minutes text for item 49.

50.

PLANNING APPLICATION B 18 0395 pdf icon PDF 195 KB

Construction of 79 dwellings plus roads, public open space and associated works (amended scheme for construction of 86 dwellings ref: B/16/0106)

 

Land off Puritan Way, Boston, Lincolnshire, PE21 8NW

 

Mrs S Gosling, Mrs M Leggate and Mrs R Wicks

 

Additional documents:

Minutes:

Construction of 79 dwellings plus roads, public open space and associated works (amended scheme for construction of 86 dwellings ref: B/16/0106)

 

Land off Puritan Way, Boston, Lincolnshire, PE21 8NW

 

Mrs S Gosling, Mrs M Leggate and Mrs R Wicks

 

The Growth Manager presented the report confirming the application was for 9 dwellings less than the initial application on which 86 dwellings had been granted earlier in the year.

 

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

 

Following the original approval the applicant had incorporated a number of relatively minor but quite numerous alterations to the original proposal.  As noted within paragraph 2.4 of the report a new sub-station had been incorporated.  A terrace of 3 dwellings had been changed to a pair of semi-detached units which would allow car parking alongside the units, reducing the car park courtyard area.    Finally house types had been substituted.

Following approval of a revised surface water pipe route to the other side of Fenside Road it was no longer required to bore through the Witham Bank.  The Section 106 detailed a deed of variation and 99% had been cleared and clearance of pre-commencement conditions had allowed work on the roads on the site to commence via previous approval.  The site was included in the draft local plan and already had a current permission for 7 more houses on the site which was in a highly sustainable location.  There would be no changes to the houses which backed onto the Grange.  Objections raised by 42 and 44 Puritan Way were overruled.

 

There would be construction noise which would be relatively short term and the applicant was looking at a further potential phase on the development where the new surface water pipe linked to Fenside Road which would provide residents with a short cut.    The roadworks on site alleviated any need to inconvenience residents by construction workers parking as they could park directly on site.   The site provide 79 shared equity and rental properties to help people to get on the property ladder or to rent.

 

It was moved by Councillor Jonathan Noble and Seconded by Councillor Michael Cooper that the committee be minded to approve the application in line with officer recommendation, subject to the conditions and reasons therein, subject to the amendment to condition 2 and subject to the completion of the deed of variation as detailed in the report.

 

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

 

RESOLVED:   That committee be minded to approve the application in line with officer recommendation subject to the following conditions and reasons and subject to the completion of the deed of variation:

 

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 develoment heerby approved shall be carried out in accordance with the submitted plans as detailed in the submitted plans as detailed in the  ...  view the full minutes text for item 50.

51.

PLANNING APPLICATION B 18 0418 pdf icon PDF 170 KB

Outline application for one dwelling, with all matters reserved for later approval

 

Land adjacent to Fernlea, Spittal Hill Road  Freiston, PE22 0JD

 

Mr Taylor, WT Taylor & Sons

Additional documents:

Minutes:

Outline application for one dwelling, with all matters reserved for later approval

 

Land adjacent to Fernlea, Spittal Hill Road  Freiston, PE22 0JD

 

Mr Taylor, WT Taylor and Sons

 

 

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

 

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

Committee were asked to recall that planning permission had been granted on appeal for residential development adjacent to the east of the site in February 2018 and further reminded that in September 2018 outline permission had been granted for the construction of two houses at land 70 metres to the north of the site.   Mr Crust referenced similar applications stating that in August 2017 and in January and August 2018 permissions had been granted for housing schemes on sites within the countryside, on land outside the village envelopes of Sutterton and Fosdyke: each representing infill land.    Recently in October 2018 permission for a housing development off Causeway Wyberton had also been granted as it had been considered it was acceptable infill.   Referencing Paragraph 11 of the NPPF which included ‘presumption in favour of sustainable development’, members asked to also recognise that with no five year supply of housing, policies relevant to the supply were out of date.  The tilted balance was engaged and there was a presumption in favour of sustainable development in respect of the application.  The site was not isolated and as such the requirements identified in para 79 were not relevant.  There had been no objections to the application from residents or any statutory consultee.  Local Planning Policy CO2 was not a saved policy and held no weight.  Referencing the outline application for up to 2 dwellings in Butterwick which had been refused in 2017 and then subsequent upheld on appeal when the Inspector had recorded that the dwellings would not be spatially or socially isolated and would form part of group of other buildings’ and consolidating remaining clusters of development, committee were asked to note that the appeal was a material consideration and had weight, as the decision was made in February 2018.  

 

It was moved by Councillor Alison Austin and seconded by Councillor Jonathan Noble that the committee grant the contrary to officer recommendation as it was an infill plot; the appeal decision was important and the location was a sustainable location, subject to appropriate planning conditions and reasons.

 

Vote:    In Favour:  12.    Against:  0.      Abstention:  0

 

RESOLVED:    That the application be granted contrary to officer recommendation subject to agreement being received in respect of the pre-commencement contamination condition and subject to the following conditions and reasons.

 

1.            No development shall commence until details of the appearance, landscaping, layout, access 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  ...  view the full minutes text for item 51.

52.

PLANNING APPLICATION B 18 0429 pdf icon PDF 220 KB

Application for approval of reserved matters (access, appearance, layout, landscaping and scale) for Phase 4 of residential development comprising of 26 no. dwellings approved under Outline Application B/13/0037

 

Land at Broadfield Lane/Grayling Way, Boston, PE21 8BQ

 

Griffin Portfolios Ltd

 

 

Please note that this meeting will adjourn at this pointin the proceedings and reconvene at 2pm to determine the following planning applications.

 

Additional documents:

Minutes:

Application for approval of reserved matters (access, appearance, layout, landscaping and scale) for Phase 4 of residential development comprising of 26 no. dwellings approved under Outline Application B/13/0037     

 

Land at Broadfield Lane/Grayling Way, Boston, PE21 8BQ

 

Griffin Portfolios Ltd

 

The Growth Manager presented the report and advised updates to the report issued:  a response had been received from Lincolnshire Education stating no comment in relation to the application as impacts had been  addressed at outline stage. 

 

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

Stating he had been involved at the outline stage of the application in 2013, Mr Finch confirmed his knowledge of the site and application was extensive and that he had previously addressed committee in June 2018 in respect of the reserved mattes for phase 3 which was due to commence early 2019.  The play area installation for the public open space was scheduled for installation January 2019.   Addressing the final phase Mr Finch confirmed that on a site with outline permission for up to 200 homes, the last phase would deliver a total of 182 dwellings for the site in close proximity to Boston.  The continuity of building on the site has provide a positive contribution to the housing supply and also regenerated a redundant site.  Earlier phases had produced a mixture of housing between 1 bedroom to 4 bedroom housing with shared ownership and rented.  The final phase provided 3 bedroom 2 storey housing in semi-detached and terrace form with reduced density.  There had been a conscious decision not to link the development to Matthew Flinders Way, the residents of which had voiced concerns at the initial outline application that the road network would link through. 

 

Construction access for phase 4 would be via the allotment land and as such the fence for Matthew Flinders Way would remain in place.   The nearest new dwellings would be set away from the boundary with Matthew Flinders Way, with the concerns of the neighbour at no. 67 noted.  A suitably worded condition would deal with the effective screening between no. 67 and the new development.   Concerns in respect of the accuracy of plans made by the neighbour had been addressed with the site being electronically surveyed and land registry plans had been provided to the planning officer to demonstrate accuracy.  Car parking to the frontage near Matthew Flinders Way would be a typical form of layout which would be less likely to cause any disturbance, as against either parking being located alongside the last dwelling or, the developments being linked.

 

It was moved by Councillor Paul Skinner and seconded by Councillor Brian Rush that the committee grant the application in line with officer recommendation and subject to the conditions and reasons therein.

 

Vote:    In Favour:  12.    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 two years from the  ...  view the full minutes text for item 52.

53.

PLANNING APPLICATION B 17 0513 pdf icon PDF 45 KB

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

 

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

 

Messr A & J Daubney

 

Additional documents:

Minutes:

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

 

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

 

Messr A & J Daubney

 

The Senior Planning Officer presented the report to the committee stating the application had been presented to committee on 29th May 2018 when it had been granted, subject to a 106. Planning obligation, to be completed within 3 months of that decision.  The planning obligation had not been completed and as such had been returned to the committee.  Members were further advised that due to the delay, weight now had to be given to the emerging SELLP polices along with the revised NPPF.  The outcome of the changes in considerations had resulted in minor changes to the report, to address the material considerations and emerging policies which now had to be taken into account when making the decision.

 

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

Stating that every effort had been made by his clients solicitor to facilitate the completion of the Section 106 within the timeline, Mr Bryan advised members that they had been notified on the 25th July 2018 that Lincolnshire Legal Services would not commence works without an undertaking to pay their legal fees. The undertaking was confirmed by the applicants’ solicitor on the 7th August 2018, but a draft section 106 agreement was not received until the 28th September 2018:  the section 106 being approved and finally completed on the 19th November 2018.  Members were advised that from the time the draft 106 had been received, it was completed within the three month timeline.  However, in the first instance it had taken almost the same amount of time to receive the draft from Legal Services of Lincolnshire.

In light of the SELLP gaining momentum it was recognised that there could be concerns that granting this application could set a precedent for other applications.  However, the scheme incorporated a large area of dedicated car parking for the neighbouring school which was fully endorsed by the Head Teacher and directly provided a significant community benefit, which was unique to the application.  Committee were asked to view the application in isolation.  The proposal would provide good quality and sustainable homes and blend in well and benefit the area, and the applicant was confident that any technical issues raised could be readily resolved at the detailed design stage, prior to an application for a full planning permission.  Mr Bryan concluded by stating that had the work undertaken by Lincolnshire Legal Services had been carried out in a timely fashion, there would have been no need for the application to return to committee and he hoped committee recognised that situation was outside the applicant’s control. 

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Paul Skinner that the committee approve planning permission, in line with  ...  view the full minutes text for item 53.

54.

PLANNING APPLICATION B 18 0428 pdf icon PDF 123 KB

Conversion of garage and pigeon loft to form annexe

accommodation including single storey rear extension following

demolition of stock loft

 

7 Church Green Road, Fishtoft, Boston, PE21 0QG

 

Mr Derek Thompson

 

 

Additional documents:

Minutes:

Conversion of garage and pigeon loft to form annexe                                 accommodation including single storey rear extension following                                  demolition of stock loft.

 

7 Church Green Road, Fishtoft, Boston, PE21 0QG

 

Mr Derek Thompson

 

The Growth Manager presented the report to the committee and confirmed that the site plan in the pack issued had been incorrect and a correct plan had been provided for reference.  Furthermore the Growth Manager confirmed that the reason the application was tabled was that the applicant was related to an officer of the Council.

 

No representation was received in respect of this item.

 

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

 

Vote:    In Favour:  12.    Against:  0.      Abstention:  0

 

RESOLVED:    That the application be granted in line with officer recommendation subject to the completion of the Section 106 Planning Obligation, the following conditions and reasons and the informative:

 

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 1:1250

§  Proposed Elevations and Layout

 

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

 

3.     The annexe hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling referred to as ‘7 Church Green Road’ as identified on the submitted plans.

 

Reason:  The annexe would constitute sub-standard living accommodation if separately occupied as a dwelling to the host dwelling by virtue of its outlook and privacy which could not be safeguarded for two dwellings which would undermine amenity.  This condition is in accordance with Boston Borough Local Plan 1999 Policies G1 and C01.

 

4.     The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) Flood Risk Assessment, Version 1, October 2018, including the following mitigation measures detailed within the FRA:

 

§     Finished floor levels set at a minimum of 500mm above existing

           Ground levels (2.8m ODN)

§     Flood resistant construction techniques, a minimum of 300mm

           above predicted flood depth

 

The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.

 

  Reason: To reduce the risk of flooding to the proposed development and future occupants and to accord with the objectives of Boston Borough Local Plan 1999 Policy H3 and National Planning Policy Framework 2018.

 

5.         No windows, doors or other openings shall be inserted into the accommodation at first floor other than those shown on the ‘proposed elevations and layout’.

 

Reason:  In the interests of the amenity of adjoining occupiers in accordance with Policy G1 of the Boston Borough Local Plan  ...  view the full minutes text for item 54.

55.

PLANNING APPLICATION B 18 0413 pdf icon PDF 205 KB

Application for approval of reserved matters (matters including appearance, layout and scale) for the construction of hotel (Class C1), public house/restaurant (Class A4) and drive-thru restaurant (mixed use comprising class A1 and class A3) plus associated car parks and internal roadway

 

Plots C and D, land adjacent to A16, Boston

 

Mr Burney, Burney Estate Ltd

 

Additional documents:

Minutes:

Application for approval of reserved matters (matters including

appearance, layout and scale) for the construction of hotel (Class C1),

public house/restaurant (Class A4) and drive-thru restaurant (mixed use

comprising class A1 and class A3) plus associated car parks and internal

roadway        

 

Plots C and D, land adjacent to A16, Boston

 

Mr Burney, Burney Estate Ltd

 

The Growth Manager presented the report confirming there were no updates to the report tabled.

 

No representation was received in respect of this item.

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Paul Skinner that the committee grant the reserved matters application in line with officer recommendation 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 two years from the date of this approval.

 

Reason: Required to be imposed pursuant to Section51 of the Planning and Compulsory Purchase Act 2004.

 

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

 

§   Location plan ref 3606_PL101

§   Proposed site plan plots C and D ref 3606_PL102A

§   Proposed floor plan -drive thru restaurant ref 3606_PL103

§   Proposed elevation- drive thru restaurant ref 3606_PL104

§   Proposed floor plan – pub restaurant ref         3606_PL105

§   Proposed elevation- pub restaurant ref 3606 _ PL106

§   Proposed floor plan – Travel Lodge ref 3606_PL107B

§   Proposed elevation –Travel Lodge ref 3606_PL108B

 

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 details are

           Submitted toand approved in writing by the Local Planning Authority 

           that shows the provision of electrical charging points within the 

           application site. The electric charging points as may be approved shall

           be installed in accordance with timescales to be approved in writing and

           shall be retained thereafter.

 

Reason: To ensure the satisfactory provision of electric charging points within the site and to accord with the objectives of sustainable development as contained within the National Planning Policy Framework (2018).

 

4          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 Boston Borough Local Plan 1999 Policy G1.

 

5          All landscape works shall  ...  view the full minutes text for item 55.

56.

PLANNING APPLICATION B 18 0434 pdf icon PDF 194 KB

Outline application with all matters reserved (access, appearance, landscaping,

layout and scale) for up to 9 residential dwellings

 

Land at Puttock Gate, Fosdyke, Boston

 

Mr A Mowton

 

 

Additional documents:

Minutes:

Outline application with all matters reserved (access, appearance, landscaping, layout and scale) for up to 9 residential dwellings     

 

Land at Puttock Gate, Fosdyke, Boston

 

Mr A Mowton

 

The Growth Manager presented the report confirming there were no updates to the report tabled.

 

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

Fosdyke had been considered in the emerging local plan as unsuitable for allocation of development, despite its proximity to the A17.  Yet in the previous 12 months approvals had been granted for schemes on the perifarary of the village and the application under consideration was adjacent to, and opposite to, the settlement boundary as proposed in the emerging plan.  The character of Fosdyke was ribbon development with only one housing estate in the village on Snaith Road.  The roads radiating from the old main road into open countryside to the north and east were rural and narrow in character and acted as a natural constraint to the development.  The application site was located along the north side of Puttock Gate close to the junction with the old main road and had established housing along the southern side.  There was a satisfactory width to permit passing of vehicles and a footpath and street lighting.  Puttock Gate did narrow as it left the built up area beyond the application site leading to the nearby sports field and social club.  The application was a logical opportunity to enhance and maintain the vitality of the village with the indicative layout demonstrated that the site could be satisfactorily developed to present a quality scheme with a variety of housing and good separation:  it would not cause substantial harm to residential amenity of neighbouring properties.  The single objection lodged could be dealt with at reserved matters stage.  The Parish Council had no objection subject to one concern in respect of the open drain to the site frontage.  Pairing of driveways allowed a pull-in area for delivery vehicles and retention of the verge and drain would avoid an urban engineered frontage.  It further set the development back into the site with the front boundaries being defined with native hedgerows and tree planting reflecting a rural character.  Each plot had ample parking and turning areas.   Members were referred to paragraph 7.18 of the report which stated that the application was considered not be contrary to policies G1 and H3 but under paragraph 10.1 it stated the application did not satisfy G1 which was carried over into the signal for refusal. 

 

It was moved by Councillor Yvonne Stevens that the application be granted contrary to officer recommendation but the motion was not seconded.

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Brian Rush that the committee refuse the application in line with officer recommendation for the reasons therein and to also include the reason for refusal to include policy H3.

 

Vote:    In Favour:  11.    Against:  1.      Abstention:  0

 

RESOLVED:    That the application be refused in line with officer recommendation for the following reason:  ...  view the full minutes text for item 56.

57.

PLANNING APPLICATION B 18 0012 pdf icon PDF 50 KB

Outline application with some matters reserved (scale, appearance and

landscaping) for proposed residential development of up to 83 no. dwellings

           

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

 

Messr John T & Peter R Woods

 

Additional documents:

Minutes:

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

 

Land to the East of White House Lane, Fishtoft, Boston, PE21 0BH

 

Messr John T & Peter R Woods

 

The Growth Manager presented the report confirming that it had been presented to committee in July and had been re-presented to committee due to the completion of the legal agreement.  Since the time of the initial submission the NPPF had been updated along with the SELLP which now required significant weight being given in respect of policies.  The site had been identified within the SELLP for housing.  The only update within the report was under section 5 to take account of the significant weight now given to policy 1. At the initial submission, committee had resolved to approve the development and members were advised that unless the committee concurred that there was a change in the material planning considerations, which would warrant a different resolution, permission should be grated as previously.

 

The Growth Manager then confirmed that she had received a signed copy of the agreement and the decisoin would be issued once all final stages had been addressed.

 

No representation was received in respect of this item.

 

It was moved by Councillor Paul Skinner and seconded by Councillor James Edwards that the committee grant the application in line with officer recommendation subject to the proviso of the signing of the 106 agreement and subject to the conditions and reasons therein:

 

Vote:    In Favour:  8.    Against:  1.      Abstention:  1

 

RESOLVED:    That the application be granted in line with officer recommendation subject to the signing of the 1 agreement and subject to the following conditions and reasons:

 

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 51 of the Planning and Compulsory Purchase Act 2004.

 

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 51 of the Planning and Compulsory Purchase Act 2004.

 

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  ...  view the full minutes text for item 57.

58.

PLANNING APPLICATION B 18 0468 pdf icon PDF 77 KB

Application for prior approval for the erection of  a cold store

           

Windy Ridge, Kirton Holme, Boston, Lincolnshire,  PE20 1TW

 

Mr Mark Nundy

 

 

Additional documents:

Minutes:

Application for prior approval for the erection of  a cold store

 

Windy Ridge, Kirton Holme, Boston, Lincolnshire,  PE20 1TW

 

Mr Mark Nundy

 

The Senior Planning Officer presented the report and confirmed that is was presented as the applicant was related to an officer of the Council.  Members were advised that two objections had been received following issue of the agenda, one from a dwelling called Monash and one from a dwelling called Montana.  Concerns noted increase in heavy goods vehicles accessing the site adding to localised pollution, increased noise levels and additional loss of visual amenity.

 

No representation was received in respect of this item.

 

It was moved by Councillor James Edwards and seconded by Councillor   that committee agree the officer recommendation for the reasons provided therein.

 

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

 

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

 

That the Planning Committee resolve that they are minded to determine that ‘prior approval is not required’ for the proposed agricultural building subject to no further objections are received as a result of publicity of this application which would warrant re-consideration of this application or require prior approval to be required.

 

Following Committee’s determination, in view of the comments received from the adjoining neighbours at Montana and Monash, it was determined to issue the decision as prior approval required and given.  This ensures that the siting in particular, is controlled for this development, this ensuring the building is sited as shown on the plans and away from the bungalows.

 

59.

LEGISLATIVE UPDATE REPORT pdf icon PDF 121 KB

A Report by the Growth Manager

Minutes:

(it is recorded that this report was tabled prior to committee adjourning at 1245 hours with all members in attendance.)

 

The Growth Manager presented the report to committee advising she felt it would be useful to committee to table reports on relevant items, in order to assist in both development and decision making.  

 

Committee noted the reporting, discussed the content and agreed similar reporting would be welcomed.

 

60.

DELEGATED DECISION LIST pdf icon PDF 31 KB

A report by the Growth Manager

Minutes:

Committee noted the report.