Agenda and draft minutes

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

Apologies for absence were tabled for Councillor Yvonne Stevens.  No substitute Member.

To sign and confirm the minutes of the last meeting.

Committee agreed the minutes of the previous meeting held on 27 July 2021.

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

Standing declarations of interest are tabled for the following members in their respective roles as:

Members of Lincolnshire County Council.  Councillors Tom Ashton, Alison Austin and Councillor Paul Skinner.

Members of the South East Lincolnshire Joint Strategic Planning Committee. Councillors Tom Ashton and Peter Bedford.

Representatives of the Internal Drainage Boards Councillors Tom Ashton, Peter Bedford and Paul Skinner.

Councillor Alison Austin declared (during the meeting) that in her role as Ward Member, she had called-in Planning Application B 21 0039 for determination by committee, due to the level of objection by residents on Heron Way.  Councillor Austin confirmed that she would determine the application with an open mind based on the report tabled and in line with the public representation to be presented.

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 3^rd February 2022

No public questions.

Major - Approval of Reserved Matters

Application of reserved matters (Appearance, Landscaping, Layout and Scale) for the construction of 75 dwellings (Phase 3) following outline approval B/17/0317 (Hybrid outline application for residential development (up to 200 dwellings)

Land off Wyberton Low Road, Wyberton, Boston, PE21 7SF

Mrs Rebecca Archer, Chestnut Homes Limited

The Planning Officer presented the report confirming that the application was at reserved matters stage, for 75 dwellings within Phase 3 of the Heron Park development, from the initial Hybrid application for residential development of up to 200 dwellings across the site having been agreed by committee in February 2017.

Updates within the presentation confirmed that there had been no objections from any of the statutory consultees, but there had been two enquires:

Lincolnshire County Council as the lead local flood authority together with the Black Sluice Drainage Board, had requested clarification of ownership of the drainage assets.  Referencing the late information submitted, the Planning Officer confirmed the plan showed the current ownership of all assets and that flood risk and drainage were both supported by a full suite of plans.  Conditions ensured that all assets under water were secured to Anglian Water through a Sect. 104 agreement and all assets above water secured to a management company.

Lincolnshire County Council Highways had expressed a preference for an alternative scheme of access but had no grounds on which to object to the scheme presented. The amended plan submitted provided splayed entrances to the site and also a passing place on Heron Way which Officers felt were positive suggestions to ease traffic movements.   Members were reminded that whilst the original layout agreed at outline showed no access to Heron Way, that original submission had been a Hybrid application within which only Phase 1 of the development had been determined.  All other phases being for future determination.  Should committee approve the application a delegation would be required to officers to finalise matters and conditions.

Furthermore, Members were reassured that whilst there was no affordable housing contribution within the application, it was acceptable as Phase 4 of the development would provide the required number of affordable houses, as mandated under the original outline application.

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

Confirming he was in attendance to represent all the residents of Heron Way Mr McBeath questioned the change in access which had been from Wyberton Low Road on the original outline plan and not from Heron Way.  Referencing the change of access he further questioned it being a logical improvement and who would benefit from the change.  Further concerns noted the Council’s lack of notification of the change of access to the residents of Heron Way by means of a personal letter to each resident, stating they did not know about it, until it was too late.   As a result of activity at the site, residents on Heron Way were subject to ongoing mud issues on both the road and on their vehicles.  The road had deteriorated since the work began and delivery vehicles continued to cause damage to properties whilst turning in the road.  Numerous issues had been reported, a site visit had taken place and residents had been told to contact the police if any future incident took place.  The Council needed to ensure  ...  view the full minutes text for item 118.

A report by the Assistant Director - Planning

The Assistant Director – Planning presented the report advising that on the 30th January 2021, Department for Levelling Up, Housing & Communities announced Lincolnshire (LCC as lead Authority) was one of 22 counties due to receive £70k to encourage the production of a local heritage list. Work began to deliver the project in April 2021. Since then, a project officer has been appointed, baseline data collected, a webpage and social media campaign launched and a public access platform produced and went live in 2021. The platform would be available to the public to enable residents to nominate local heritage assets of value to them, but would also allow streamlined sorting (using criteria) and digital storage of the data collected. Guidance and training would be provided.

The next steps for all 9 Local Authorities would be to adopt the criteria, which would become part of the shared platform and used to inform a consistent approach to identifying and assessing nominations. The Criteria have been adopted in East Lindsey, and South Holland District Council and currently going through the adoption process in other Local Authority Areas.

The National Planning Policy Framework (2021) set out in paragraph 192 that local planning authorities should maintain or have access to a historic environment record and that this should contain up-to-date evidence about the historic environment in their area. The Local List will form part of the Historic Environment Record for Lincolnshire. It is therefore considered that the production and adoption of the Local List is a non-executive function relating to planning.

The proposed listing criteria have already been scrutinised by specialist officers from all 9 authorities involved and follows the latest Historic England (HEAN7) guidance.

In the Council’s constitution, the Officer Scheme of Delegation (section 6.2 and 6.3) identifies that the Assistant Director for Planning has the responsibility for non-executive functions including heritage asset management, and proposing buildings for listing, making of conservation areas etc. Therefore the Council already has the relevant structures in place for it to adopt a Local List (and commence that process), consider future additions to the list, and make amendments to the process including the criteria in future as may be necessary.

This report has been brought forward to enable the Planning Committee to endorse the move to adopt a local list, and the implications moving forward.

Member comment followed which included the following:

The Chairman welcomed the list stating giving protection to those assets that failed to meet the criteria to be listed but still had a significant value to the community.  The list would ensure that properties captured would become a material consideration and whilst not guaranteeing they could be demolished, it would give greater degree of weight than currently.

Members supported the comments of the Chairman and the concept of the list.  They were advised that any person could request a building for consideration even if they were not the owner of the property.  The owner would then have to right to agree or decline.

The Assistant Director  ...  view the full minutes text for item 119.

A report by the Assistant Director - Planning

The Assistant Director – Planning present the report noting that it provided a summary of the Council’s second Infrastructure Funding Statement (IFS), which has been produced in accordance with the introduction of the Community Infrastructure Levy (CIL) Regulations 2019.  It also provides a wider update on activities relating to S106 agreements.

The IFS provides details of planning obligations entered into within 2020/21, following the adoption of the South East Lincolnshire Local Plan, and also details the payments received for historic agreements, where triggers for obligations have been met, S106 monies currently held by the Council and any spend of S106 monies made within that year.

Summarising the Assistant Director – Planning confirmed that 12 new developer agreements were entered into in 2020/2021, which contained a total of £1,041,584 of monetary obligations (including education and affordable housing contributions) and 168 new affordable housing units (from 10 development sites) provided within the borough. 

Key information noted a total 112 affordable housing units were delivered in 2020/2021; health contributions of £32,856.00 were received towards Swineshead Doctors Surgery; education contributions of £134,559 were received for secondary education at Haven High Academy and CCTV surveillance was provided for Public Open Space Land on Broadfield Lane play area.  The report would be displayed on the Council’s website.

Member comment / questions followed which included:

Members supported the report and tabled questions that the Assistant Director- Planning answered as follows:

Recent discussion with the developer has indicated that the relevant junction is anticipated to open within the coming months in line with the construction phasing of the site. 

A Unilateral Undertaking was a form of legal agreement with the same power as a Section 106 agreement and was logged on the land charges register and subject to the same enforcement. 

Committee noted the Infrastructure Funding Statement.

The Chairman closed the meeting thanking all Members and Officers for their attendance.