Agenda and minutes

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

There were apologies for absence from Councillors Paul Skinner and Stephen Woodliffe.  Councillor Judith Welbourn was attending in place of Councillor Woodliffe.

To sign and confirm the minutes of the last meeting, held on 17^th September 2019.

The minutes of the Committee’s last meeting held on 17^th September 2019 were agreed as a correct record and signed by the Chairman.

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

Standing declarations of interest were noted as follows:

·         Councillors Tom Ashton and Alison Austin as Members of Lincolnshire County Council. 

·         Councillors Tom Ashton, Michael Cooper and Peter Bedford as Members of the South East Lincolnshire Joint Strategic Planning Committee, Councillor Jonathan Noble as a Substitute Member of that Committee and Councillor Alison Austin as the County Council representative on that Committee.

·         Councillors Tom Ashton, Frank Pickett, Peter Bedford and Michael Cooper as representatives on the Internal Drainage Boards.  

The following further declarations were made:

B/18/0435 – Councillor Yvonne Stevens declared a friendship with the former owner of the site but had not spoken to them and this had no effect on her judgement of the matter.  Councillor Peter Bedford declared that the owner of the land had been known to him for a number of years through membership of the Round Table but this did not prejudice his judgement.  Councillor Brian Rush declared that he knew the landowner and had been lobbied but it had had no effect on his judgement.

B/19/0216 – All Members declared they had received communication on this application.  Councillor Alison Austin declared that she had called in the application, the site was in her ward and one of the main objectors had made representation to her husband Councillor Richard Austin as the Ward Member.

B/19/298/LBC – All Members declared that this application was from a fellow Councillor; this was the reason the application was before the Committee.

B/19/0283 – Councillor Yvonne Stevens declared she would stand down from the Planning Committee for this application and speak as Ward Member.

B/19/0301 – Councillor Brian Rush declared that the application site was in his ward but he had no connection to it and it did not concern him.

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 10^th October 2019.

No questions had been received.

Demolition of dwelling and outbuildings; Outline planning permission for up to 43 no. residential dwellings (revised down from 46) with consideration given to access (Appearance, Landscaping, Layout, and Scale reserved matters for later approval)

Land North of Langrick Road, Boston, PE21 8HT

Applicant: Oxygen

Demolition of dwelling and outbuildings; Outline planning permission for up to 43 no. residential dwellings (revised down from 46) with consideration given to access (Appearance, Landscaping, Layout, and Scale reserved matters for later approval)

Land North of Langrick Road, Boston, PE21 8H

Applicant: Oxygen

The Senior Planning Officer presented the report and advised the Committee of amendments to the recommended conditions numbered 4 and 11 in the report.  It was recommended that condition 4 be amended to include an access plan, as the entrance to the site had been resolved since the publication of the report, and that the third bullet point of condition 11 be amended, to allow  discharge rates be submitted to the satisfaction of the local planning authority, i.e. not restricted to 1.4 litres per second, so that this can form part of a detailed drainage design.

Mr A Rowse, Planning Consultant, spoke on behalf of the applicant as follows, in summary.  The proposal was for the sustainable development of an unattractive brownfield site, a former depot site, which had been vacant for many years.  It was within an established residential area, within the settlement area and was a designated housing area in the South East Lincolnshire Local Plan (SELLP).  Development had been accepted in principle and the proposal would provide 43 dwellings towards the Council’s 5-year housing supply and would substantially benefit the provision of affordable housing, proposing that 10 of the 43 dwellings would be affordable, which was higher than the 20% requirement of the SELLP. 

[Councillor Paul Goodale arrived at 10.25 am – and it was identified that he could not take part in the debate and consideration of the item]

Mr Rowse advised the Committee that a number of flood risk measures had been agreed and the Environment Agency had no objections to the application.  The demolition of one existing dwelling would provide a safe and suitable access and footway and the junction to Langrick Road would have adequate splays and safe pedestrian crossing; the Highway Authority had no objections to the application. 

It was proposed by Councillor Brian Rush and seconded by Councillor Jonathan Noble that planning permission be granted subject to the completion of the section 106 agreement relating to affordable housing as detailed in the report and the conditions recommended by the Planning Officers with the amendments of conditions 4 and 11, as stated.

Vote: Unanimous

RESOLVED: That planning permission be GRANTED subject to the completion of the section 106 agreement relating to affordable housing, as detailed in the report, and the following conditions:

1.      No development shall commence until details of the layout, scale, appearance and landscaping 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 Policies 2 and 3 of the South east Lincolnshire Local Plan (2011-2036) and required to  ...  view the full minutes text for item 45.

85 dwellings with associated infrastructure including new estate roads, public open space and attenuation ponds   

Land adjacent and to the south of Hawthorn Tree School on the east side of Toot Lane, Boston, PE21 0PT

Applicant: Lealand Homes Ltd & Gleeson Regeneration Ltd

85 dwellings with associated infrastructure including new estate roads, public open space and attenuation ponds    

Land adjacent and to the south of Hawthorn Tree School on the east side of Toot Lane, Boston, PE21 0PT

Applicant: Lealand Homes Ltd & Gleeson Regeneration Ltd

The Senior Planning Officer presented the report and updated Members regarding the Unilateral Undertaking (UU), which was currently being assessed by legal officers, and would include the management of the public open space as well as the proposed payment of a commuted sum in lieu of on-site provision of affordable housing.  The UU was subject to further discussions and, when finalised, could mean that conditions 9 and 10 would not be needed, with Officers requesting a resolution that allowed this to be determined by Officers under Delegated Authority before the decision would be issued

Mrs H Randerson, Planning Manager for Gleeson Regeneration Ltd, addressed the Committee in support of the application and, in summary, made the following points.  The company, which specialised in low-cost housing, with 65 sites across the north, set prices carefully to ensure they were affordable, with help-to-buy schemes reducing the cost to a level below local rents and had a policy of not selling to landlords.  The company was investing £7.2m in the scheme, with a significant amount for employment.  This was a community housing scheme, committed to employing local people, with apprenticeship schemes, junior sports sponsorship, free-of-charge alterations for people with disabilities and “Your Watch” neighbourhood watch schemes.  Mrs Randerson added thanks to the Planning Officers for their professionalism.

It was proposed by Councillor Michael Cooper and seconded by Councillor Alison Austin that planning permission be granted as recommended by the Planning Officers, subject to the completion of the section 106 agreement and conditions.

Vote: 9 for, 1 against

RESOLVED That planning permission be GRANTED subject to the completion of the legal agreement (under S106) relating to the provision of affordable housing, as detailed in the report, and the following conditions recommended by the Planning Officers, with the exception that conditions 9 & 10 may be removed if the matters relating to the public open space are included within the aforementioned legal agreement and thus would not be required: 

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 approved shall be carried out in accordance with the  following approved plans:

§   Site location plan ref 3040-0-000

§   Proposed site layout ref 3040-0-001 U

§   Toot Lane section 38 Layout ref 02.01 rev B

§   Section 38 contour layout ref 02.02 rev A

§   Section 104 Layout ref 03 rev B

§   Typical highway construction details – sheet 1 of 2 ref 04.01 rev A

§   Typical highway construction details –sheet 2 of 2 ref 04.02

§   Longitudinal sections sheet 1 of 3 ref 06.01 rev A

§   S15 flow control  ...  view the full minutes text for item 46.

Approval of reserved matters (appearance, landscaping, layout and scale) following outline approval B/17/0167 (Residential development of up to 6 dwellings)

Land off Carmel Green, Boston, PE21 7JR

Applicant: Mr B French

Approval of reserved matters (appearance, landscaping, layout and scale)following outline approval B/17/0167 (Residential development of up to 6 dwellings)

Land off Carmel Green, Boston, PE21 7JR

Applicant: Mr B French

The Senior Planning Officer presented the report and advised the Committee of an amendment to paragraph 2.5 of the report, in that the application included the erection of five detached garages to serve the proposed houses on plots 1-4 and plot 6; the proposed garage to be attached to the proposed dwelling would serve plot 5. 

Members confirmed that they had received a further letter from the owner of 4 Carmel Green, received since the publication of the agenda pack, and the Senior Planning Officer advised them to take this into account as a material consideration. 

Mr C Wicks, the applicant’s agent, addressed the Committee and made the following points.  The proposal already had outline permission and the footprints of the proposed dwellings were clearly two-storey.  With respect to the concerns of the occupiers of the bungalows, the design of plot 6 had been changed so the bungalow at No. 2 would have clear views.  All four bungalows would have totally acceptable views.  There would be 30m between the house and the nearest dwelling.  The Senior Planning Officer had expressed the view that the proposal was totally acceptable in planning terms.  Although objectors felt that the proposed dwellings should be bungalows, the Environment Agency did not agree with there being habitable rooms on the ground floor of new dwellings in this location.

Houses formed part of the character of the area and the Planning Inspector agreed, having allowed planning permission for a house nearby just recently.  The proposed dwellings were family homes.  The application had previously stated that the proposal was for dwellings and it would not be possible to fit 6 bungalows on the site.

Outline permission had been granted subject to a section 106 agreement relating to an off-site financial contribution for enhancements to sports provision and improvements at Garfit’s Lane of up to £18,000 (i.e. £3000 per dwelling); if the dwellings were to be bungalows, it could be argued there would be no requirement for a donation. 

In conclusion, Mr Wicks commended the scheme to the Committee, as it would provide much-needed housing and the applicant was ready to proceed with the development immediately. 

It was proposed by Councillor Jonathan Noble and seconded by Councillor Peter Bedford that planning permission be granted, as recommended by the Planning Officers in their report. 

Vote: Unanimous

RESOLVED that planning permission be GRANTED subject to the following conditions and reasons:

1             The development hereby permitted shall be carried out in strict accordance with the application received 28-May-2019 and in accordance with the associated plans as amended referenced:

§   1-200 Proposed Site Layout Plan. Ref 19-2450-P-02B     

§   Elevations and layout Plot 1 ref 19-2450-P-03B    

§   Garage Details to Plot  1 Ref 19-2450-P-04A     

§   Elevations and layout Plots  2 & 3 Ref 19-2450-P-05B     

§   Garage Details to Plots  2, 3, 4 & 6.  ...  view the full minutes text for item 47.

Single storey extension

Windy Ridge Veg Ltd Office, Hubberts Bridge Road, Kirton, Boston, PE20 1TW

Applicant: Mr Mark Nundy

Single storey extension

Windy Ridge Veg Ltd Office, Hubberts Bridge Road, Kirton, Boston, PE20 1TW

Applicant: Mr Mark Nundy

The Senior Planning Officer presented the report.

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

Vote: Unanimous

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 51 of the Planning and Complsory Purchase Act 2004.

2.        The development hereby permitted shall be carried out in strict accordance with the application received 16-July-2019 and in accordance with the associated plans referenced:

·         Proposed plans - WR/1

Reason:  To ensure the development is undertaken in accordance with the approved details and to accord with policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

3.        The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) submitted with the application including those mitigation measures specified. 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 policy 4 of the South East Lincolnshire Local Plan (2011-2036).

In determining this application, the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2019 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.

Listed Building consent to make necessary repairs to stone mouldings on the principle facade of the building

Former Sessions House, Church Close, Boston, PE21 6NA

Applicant: Dellhaven Homes Limited

Listed Building consent to make necessary repairs to stone mouldings on the principle facade of the building

Former Sessions House, Church Close, Boston, PE21 6NA

Applicant: Dellhaven Homes Limited

The Growth Manager presented the report.

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

Vote: Unanimous

RESOLVED that Listed Building Consent 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 paragraph 18 of the Town & Country Planning (Listed Buildings and Conservation Areas) Act 1990

2.         The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers:

§   Site Location Plan 179-001 July 2019    

§   South Elevation with Proposed Work Notes 179-100 July 2019

Reason: To ensure the development is undertaken in accordance with the approved details, in the interest of residential amenity and to comply with Policies 2, 3 and 29 of the South East Lincolnshire Local Plan (2011-2036).

3.         Notwithstanding Condition No. 2 of this Consent, no works shall take place until a sample panel identifying the approach to the repairs has been constructed on site for inspection by the Local Planning Authority and details of the stonework and mortar work (including a specification for a mortar mix) to be used in the repairs have been submitted to and approved in writing by the Local Planning Authority. Only the approved stonework and mortar mix shall be used, in accordance with any terms of such approval.

Reason: In order to ensure a sympathetic relationship with the character of the listed building in accordance with Policies 2 and 29 of the South East Lincolnshire Local Plan (2011-2036) and the Planning (Listed Buildings and Conservation Areas) Act 1990.

In determining this application the Local Planning Authority has taken account of the guidance in Paragraph 38 of the National Planning Policy Framework 2019 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)

The Growth Manager presented a report, which advised Members of the receipt of appeal decisions received since the last meeting, and highlighted that the authority remained well within its performance targets.

In addition, following a review of recent appeal decisions received and comments made generally by Members, Officers had written to the Planning Inspectorate outlining some areas of concerns.  A response had been received from the Planning Inspectorate, and both documents were provided along with this report for Members information. Whilst clearly disappointed with the response, Officers believed it was helpful in providing greater clarity in respect of the Inspectors’ approach to decision-taking.

In conclusion, Officers would continue to review all Appeal decisions received, and where such decisions appeared to be irregular, would consider obtaining the necessary legal advice in respect of potential for challenge. They would also continue to review the approaches adopted by Inspectors, and their rationale in respect of decision-taking. However, it is also hoped that decisions would become more consistent as future appeals would be determined against the South East Lincolnshire Local Plan, and its associated background documents, as the starting point.

During Members’ debate, there was a difference of opinion regarding the outcome of the appeal on Application B/18/0346.  One Member welcomed it.  Others considered the Planning Officers were right to challenge this as it was factually incorrect - the Planning Inspector stated that there was no 5-year housing supply, but in Members’ view this was in place and was being delivered well.  The letter to the Planning Inspectorate was commended; decisions had not been consistent and the Planning Inspector had not given sufficient weight to the South East Lincolnshire Local Plan, which, it was recognised, should be the starting point for consideration of applications. 

Members recognised that the Planning Officers took Members through the various risks associated with decisions, including costs, and were pleased with performance, as few decisions proceeded to appeal. 

In response to questions, the Growth Manager explained that applicants could apply for award of costs, but they would have to demonstrate that the local planning authority had acted unreasonably and this had certainly not been the case.  External legal advice was sought from Counsel when necessary and, depending on the opinion, a decision would be made as to whether it would be worth challenging an Inspector’s decision, weighing up all aspects, including costs. 

The Growth Manager confirmed that the Planning Inspectorate had been reviewed recently and was the subject of an improvement programme at Government level, they had appointed more Inspectors and were looking at changes to processes,  and this should improve the speed and quality of the decisions, as explained the Planning Inspectorate’s response.

Single storey extension to side and rear, demolition of existing conservatory and erection of detached garage

70, Linden Way, Boston, PE21 9DS

Applicant: Mr Coventry

Single storey extension to side and rear, demolition of existing conservatory and erection of detached garage

70, Linden Way, Boston, PE21 9DS

Applicant: Mr Coventry

The Principal Planning Officer presented the report.  Members confirmed that they had received the submission from the owner of 43 Allington Garden, received following the publication of the agenda pack, which included a photograph demonstrating the impact of the proposed garage.

Miss E Astbury addressed the Committee in objection to the application explaining that she lived at 43 Allington Garden, which was located behind the application site with the fence as the boundary, and that she was also speaking on behalf of her mother, the owner, and 3 other neighbours, and made the following points, in summary.  Their main objection concerned the proposed detached garage on grounds relating to Policy 2 of the SELLP: noise, odour, disturbance and visual impact; the size and scale of the proposal, which was excessive compared to the bungalow and other garages in the area, giving rise to concerns about its intended purpose; and the impact of the dark, slate roof, which they would like to see reduced in size and changed to a flat or lower pitch.  Also, it would not be possible to maintain the boundary fence because of the proposed location of the garage and there would be an adverse effect on water run-off, not considered in the Flood Risk Assessment. 

Miss Astbury added that, as the applicant had a collection of classic motorbikes, neighbours were concerned about potential noise and fumes and the possibility that the garage might be used for commercial purposes or for living accommodation.  Therefore, they asked if the application for the garage could be rejected or its proposed size reduced to that allowed under permitted development rights and for conditions to be added to permission to prevent it being used for commercial use or living accommodation.

Speaking as Ward Member, Councillor Yvonne Stevens addressed the Committee from the public gallery and spoke of the impact on neighbours of noise from the number of people living in the application property and the excessive number of cars parked outside.  Also, the applicant would need to have permission to access the garden of 43 Allington Garden for maintenance purposes, but if the proposed garage was moved 1m away from the boundary fence this would not be necessary.  The proposed garage was also excessively high and its size did give rise to concerns that it might be rented out.  In conclusion, Councillor Stevens asked that for a condition to be added if permission was granted for the garage to prevent its use as living accommodation and that it be moved away from the boundary. 

[Councillor Stevens left the room at this point and did not return until after the debate and vote on this application had been completed.]

The Growth Manager provided advice to the Committee following the public speaking and reminded them of relevant material planning considerations. This was supplemented by comments of the Legal  ...  view the full minutes text for item 51.

          Installation of a children’s play area

131 Sleaford Road, Boston, PE21 7PE

Applicant: Mr Simon Long

Installation of a children’s play area

131 Sleaford Road, Boston, PE21 7PE

Applicant: Mr Simon Long

The Principal Planning Officer presented the report. 

It was proposed by Councillor Michael Cooper and seconded by Councillor Alison Austin that planning permission be granted as recommended by Planning Officers in their report.

Vote: Unanimous

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 51 of the Planning and Compulsory Purchase Act 2004.

2.            The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans/documents:

§   Dimensions of Play Equipment – received 19th June 2019

§   Site Location Plan – received 9th July 2019

            Reason: To ensure the development is undertaken in accordance with the approved details, in the interest of residential amenity and to comply with Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

In determining this application the Local Planning Authority has taken account of the guidance in Paragraph 38 of the National Planning Policy Framework 2019 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.