Agenda and draft minutes

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

Apologies were tabled from Councillor Claire Rylott and Councillor Yvonne Stevens.  No substitute members in attendance.

To sign and confirm the minutes of the last meeting.

With the agreement of the Committee the Chairman signed the minutes of the last Planning Committee meeting held on the 15 January 2019

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

Standing declarations of interest are recorded for committee members who are also members or representatives of the following organisations:

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

Members of the South East Lincolnshire Local Plan Councillors David Brown, Michael Cooper and Sue Ransome.

Representatives of the Internal Drainage Boards Councillors Peter Bedford and Michael Cooper.

It is recorded at this point in the proceedings that Councillor Rush voiced concerns. He stated he had issues to raise in respect of two items on the agenda in relation to procedures in respect of call-in and stated he questioned the Chairman’s role therein.

The Legal Officer advised that questioning of a procedural nature had no relevance whatsoever within the meeting itself.  He advised that any such concerns were matters to be discussed with officers, in advance of a meeting, to ensure members were clear in their understanding of the subject.

Councillor Rush continued commenting asking why the Chairman and not the Ward Member had called an application in. 

The Chairman provided a point of clarity.  He advised that it was his policy to respond last when such planning applications were circulated for consideration. He further stated he made no comment nor indeed any decision, relating to any possible call-in, until all relevant parties including Ward Members and Parish Councillors had been given the opportunity to respond to the application, and the Ward Members the chance to call-in the application.

To further reassure Councillor Rush, at this point in the discussion the Growth Manager intervened.  She stressed that the procedure followed in respect of the application referenced, had been followed correctly and in line with the full protocol for call-in.  She suggested that should Councillor Rush require any further information on procedures he meet with the planning officers outside the meeting.

The Chairman sought any further declarations of interest but none were noted.

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 7^th February 2019.

No public questions were tabled.

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

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

Mrs Sarah Beardsley

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

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

Mrs Sarah Beardsley

The Senior Planning Officer presented the report to the committee and provided one update to the report tabled, advising members that an additional letter in objection had been received from the resident of no. 4 Cope Court Swineshead.  

He further advised that Condition 1 within the report had been amended and now required the development to commence within 2 years as opposed to the 3 years from the date of the permission to ensure early delivery of the scheme.

Prior to moving into full presentation committee were advised that whilst the application had been considered and determined by committee in July 2018, the Section 106. that had been part of the recommendation to grant,  had not yet been completed. Furthermore during the period between granting the application and to date, changes in legislation had taken place and, as with a previous two similar applications, this application was being tabled again to allow further discussions in respect of the changes in legislation both at a local and national level.

Representation was received in objection to this application by Mr Proctor which included:

Mr Proctor confirmed he lived at no. 5 Cope Court and that he had moved to the property for a more peaceful and quiet life in retirement.   He voiced concerns that the land on the site was Grade 1 Agricultural and that there were other areas for building on which were on less quality land.  He asked that if granted, plot no. 14 should be removed.  Mr Proctor stated that whilst the plan did look good on paper, the actual proximity of plot no. 14 would cause over-looking and loss of natural light to numbers 4 and 5 Cope Court and that piece of land should instead be landscaped to allow an open green space which would complement the development.  Members were asked to recognise the impact the development would have on the local roads with the increase in vehicles to and from the site and to bear in mind the blind corner situated on exiting the site.  Referencing the section.106 contribution for £50,974 for education Mr Proctor questioned if it would be split between Swineshead and Donington.  He requested that the full amount be provided for Swineshead school and also that limited parking be introduced around the school entrance.

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

Referencing the previous application and the time scale which had followed in respect of issuing the section.106, Mr Wicks questioned the need to re-submit the application to committee, bearing in mind it had been granted in July 2018 and nothing had changed in respect of the application submitted and agreed at that time.  He advised that as far as he was aware the section 106. had been signed off

The Legal Advisor to  ...  view the full minutes text for item 75.

Outline application for residential development (up to 4 dwellings) with all matters reserved for later approval.

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

Mr Carl Bates

Outline application for residential development (up to 4 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 and confirmed one update to the report tabled.  The Black Sluice Drainage Board had responded confirming they had no objection to the application subject to the addition of a condition for the disposal of surface water.

Representation was received for Mr Dwan the agent, on behalf of the applicant which included:

The applicant had looked at and taken into account the comments of the committee when it had refused the initial application in November 2018.  The new application had reduced the development to only 4 dwellings with good separation distances which was not over development of that site.   The development would complement the existing ribbon development already established along Kirton End and create a harmonious continuation of the street scene.   Members were asked to recognise the small number of objections and to also consider the objections from the KEROTD group, and that within that representation there was no identification of the number of members of the group:  it could be a single objector or numerous.  Committee were also asked to note the new NPPF and the shift in policy in respect of statutory.  Mr Dwan confirmed that should the application tabled be granted, the appeal already in place for the previous refusal would be withdrawn.

It was moved by Councillor Brian Rush and seconded by Councillor Paul Skinner that committee grant the application contrary to officer recommendation due to the Borough’s lack of a five year housing supply.

In Favour:    4.      Against:   6.       Abstentions: 1.

Resolved:  The motion fell.

It was moved by Councillor Jonathan Noble and seconded by Councillor Stephen Woodliffe that committee refuse the application in line with officer recommendation subject to the reasons detailed therein:

In Favour:    6.      Against:   4.       Abstentions: 1.

Resolved:  That committee refuse the application for the following reasons:

1.         The application site is essentially located outside of the settlement boundary of Kirton End as defined in the Boston Borough Local Plan (1999) and the South East Lincolnshire Local Plan (2011-2036) and within an area defined as ‘countryside’. This development will extend the built up area of the village creating an awkward and alien encroachment within this flat, rural landscape. The development would also consolidate the surrounding urban environment with the existing residential and commercial development to the west and the resultant effect would substantially erode the character and appearance of the countryside and open rural landscape. This scheme will therefore promote an unsustainable pattern of development in this area and any benefits the development may provide relating to the supply of housing in the area and local economic benefits would be significantly and demonstrably outweighed by its adverse effects. The application is therefore contrary to the objectives of Local Plan Policies C01, G1 and G2, Policy 1 of the emerging South East Lincolnshire Local Plan  ...  view the full minutes text for item 76.

Two storey rear extension following demolition of conservatory and garage

38, Hessle Avenue, Boston, PE21 8DA

Mr Alex Manning

Two storey rear extension following demolition of conservatory and garage.

38 Hessel Avenue  Boston  PE21 8DA

Mr Alex Manning

The Growth Manager presented the report to the committee and advised there were no updates to the report tabled.

No representation was received in respect of this item.

It was moved by Councillor Michael Cooper and seconded by Councillor Stephen Woodliffe that committee grant the application in line with officer recommendation subject to the conditions and reasons therein:

In Favour:    10.      Against:   1.       Abstentions: 0.

Resolved:  That committee grant the application in line with officer recommendation subject to the following reasons and 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 51 of the Planning and Compulsory Purchase Act 2004.

2.             The development hereby permitted shall be carried out in strict accordance with the application received 16^th October 2018 and 17^th January 2019 and in accordance with the associated plans referenced:

§  Site Location (1:1250), block plan (1:500), proposed floor plans and elevations drwg no. 1850/1D.

            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 Boston Borough Local Plan 1999.

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.

A report by the Growth Manager to advise members of the receipt of an appeal decision in respect of:

76 Spilsby Road, Boston, PE21 9NS

The Growth Manager presented referring members to point 2.2 of the report and confirmed that the final paragraph should read ….’but the Inspector considered that these measures are not sufficient to conceal views of the shower cubicle’.

Confirming that in the year to date there had been 7 appeal decisions with 1 being withdrawn, out of the 6 remaining 2 had been allowed and 4 dismissed: as such the Council had been successful in 67% of cases which compared unfavourably to the local performance indicators which tolerated 1 out of 5 going against the Council.   However, Boston was well within the statutory target in respect of major appeals being overturned with only 1 major decision having been overturned out of 78 decisions made representing 1.3%. 

Committee noted the report 

A report by the Growth Manager.

Committee noted the decision list.