Agenda and minutes

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

Apologies for absence were tabled by Councillor Claire Rylott with Councillor Stuart Evans substituting.

Further apologies were tabled by Councillor Barrie Pierpoint with no substitute member.

Further apologies were tabled by Councillor David Brown with Councillor Anton Dani substituting.

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

Standing declarations of interest are tabled in these minutes for all members of the Council who are also members of:

Lincolnshire County Council:

Councillor Alison Austin

The South East Lincolnshire Joint Strategic Planning Committee:

Peter Bedford and David Middleton.

The Internal Drainage Boards:

Councillors Peter Bedford, Anne Dorrian, David Middleton, Chris Mountain, Claire Rylott, David Scoot, and Suzanne Welberry

Councillor Suzanne Welberry declared that as the applicant for Planning Application B 24 0516, she would absent from the meeting for that item.

Councillor Anne Dorrian declared that having held discussions with officer in respect of Planning Application B 24 0515, whilst also being a resident of Spilsby Road, that she would absent from the meeting for that item.

Councillor David Middleton declared that whilst he too resided on Spilsby Road, he had not been involved in any discussions in respect of Planning Application B 24 0515 and he would determine the application with a clear and open mind.

To sign and confirm the minutes of the last meeting.

With the agreement of the committee, the Chairman signed the minutes of the previous meeting.

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 30^th January 2025.

None tabled.

Prior to addressing the first item of business on the agenda, the Senior Planning Officer provided members with an overview of location of the first three items of business, the three Battery Energy Storage Systems (BESS) at Bicker.  A map detailed the siting of each application, together with identification of recent developments across the site which had included

a substation and a solar farm development, along with nearby wind farm developments and electricity pylons.

Members were advised that local planning authority had no objections to these applications in terms of their cumulative impact. He also clarified that the highways authority had stated there would be no cumulative impact on the highway network, nor any adverse impact on the area should all three developments be constructed at the same time.

Major – Full Planning Permission

Proposed installation and operation of a Battery Energy Storage System (BESS) and ancillary infrastructure and landscaping and biodiversity enhancements.

Land off Vicarage Drove, Bicker Bar, Boston

Proposed installation and operation of a Battery Energy Storage System and ancillary infrastructure and landscaping and biodiversity enhancements

Land off Vicarage Drove, Bicker Fen, Bicker, Boston

The Senior Planning Officer presented the report and confirmed that the application had been referred to the planning committee by the Assistant Director (Planning) along with the other two BESS applications to be considered following this item, to ensure transparency on all the applications. The application had also received two third party objections and an objection from the Parish Council.

The site to which the application related was a parcel of agricultural land that measured approximately 10.35 hectares (ha). The site was located approximately 3.6km from Bicker Village and is approximately 14.6km Southwest of Boston.  To the west of the site sat the South Forty Foot Drain (a local wildlife site), which was separated through trees and hedgerows and a raised embankment. To the north and the east of the site was the Vicarage Drove Solar development (B/21/0443). The site itself was generally flat and of an agricultural nature, which was the same for the surrounding area. The site required a new access, located at the end of Vicarage Drove. Vicarage Drove was a single-track road, but it had clear visibility. The road led North/Northeast to Bicker Drove which was connected to Cowbridge Road.

The roads were similar in nature being narrow and are uneven but the visibility along them was clear. 

Planning permission was sought for a 400-megawatt (MW) Battery Energy Storage System together with switchgear container, inverter/transformer units, a substation, water tank, access, internal access tracks, security measures and biodiversity enhancements. The BESS would connect to the National Grid via the Bicker Fen Substation.

The planning history of the surrounding area was extensive including planning applications for wind turbines, an electricity sub-station and applications for photovoltaic solar array grid connections amongst others.

Public objections had included the application would be a waste of top-grade agricultural land needed for food security, concerns in respect of the impact on the road network, disruption to residents and the area had reached saturation point and any future development would be better on Brownfield sites.

Members were further advised the application was covered by local Policy 1 by providing an environmental and community benefit, as well as Policy 31, in respect of climate change and renewable energy.  Referencing the National Planning Policy Framework, members were reminded that paragraph 16 stated that the planning system should support the transition to net zero by 2050 and that the key point in the policy was that it should support renewable and low carbon energy and associated infrastructure with this falling under part 168.  Members were further advised that if granted, the permission would be for a 40-year period with decommission at that point. Noobjection has been raised by highways in respect of access to the site, a private road would be used and the submitted traffic route had been deemed acceptable. 

Statutory consultees had tabled no concerns  ...  view the full minutes text for item 29.

Major – Full Planning Permission

Proposed development of a battery energy saving storage system and associated infrastructure.

Land to the South-East of Vicarage Drove, Bicker Bar, Boston

Proposed development of a battery energy storage system and associated infrastructure

Land to the south east of Vicarage Drove, Bicker Bar, Boston  

Vicarage Drove BESS Limited

It is recorded that Councillor Cantwell returned to the public gallery for consideration of this and subsequent applications.

The Senior Planning Officer presented the report and confirmed that the application had been referred to the planning committee by the Assistant Director (Planning) along with the other two Battery Energy Storage System applications to ensure transparency on all the applications.  Furthermore, the application had also received two third party objections, a Ward Members objection and objection from the Parish Council.

The site was a parcel of land that measured approximately 4.16 hectares and was situated to the Southeast of Bicker Fen Substation. The site comprised of rough grassland bounded by hedgerows, ditches and intermittent trees and it was agricultural in its nature.   Access to the site was located off Vicarage Drove to the north west of the field subject to the application.  Vicarage Drove was a single-track road, but it had clear visibility. The road led North/North-east to Bicker Drove which was connected to Cowbridge Road. The roads were similar in their nature. They were narrow and uneven but the visibility along them was clear. There had been some passing places introduced through various schemes.

The site sat within the countryside with Bicker village located approximately 2.5km to the West. Approximately 2.5km to the South was the A52 and approximately 4km Northeast the A17. The site was located within Flood zone 3. There was no public right of way that crossed the site, and it was not covered by any statutory or local landscape designation, nature conservation or cultural heritage designations.

Planning permission was sought for the erection of a Battery Energy Storage System (BESS). The BESS would include transformer/inverter units, a switchgear building, control building, marshalling kiosk and a water tank. There would also be an attenuation pond to the north of the site. The site would be secluded by a 4m high security/acoustic fence.

The site had been subject to previous planning applications including the erection of 13 external transformers associated with wind turbines: a proposed development of a Photovoltaic Solar Array Grid Connection and construction of electricity substations.

Representations had included comments by residents who voiced concern at the gross overdevelopment of the site; the single-track road to be used which had no pavement and the impact and destruction it would result in.

The existing site currently comprised of good quality agricultural land (Grade 2 in the Agricultural land Classification). Criterion 4 of Policy 31 in the Local Plan refers to agricultural land take. Para 187 of the NPPF made specific reference to good quality agricultural land. However, Para 168 specifically stated that the developer did not need to demonstrate the need for renewable or low carbon energy and significant weight should be given to their provision.  The loss of agricultural land was a key theme in the objection comments. Taking that  ...  view the full minutes text for item 30.

Major – Full Planning Permission

Temporary planning permission for a period of 40 years for the erection of an Energy Storage System (ESS) with associated infrastructure, site levelling works, site access, landscaping and ancillary works.

Land North of Bicker Drove, Bicker Bar, Boston PE20 3BQ

Temporary planning permission for a period of 40 years for the erection of an Energy Storage System (ESS), with associated infrastructure, site levelling works, site access, landscaping and ancillary works            

Land North of Bicker Drove, Boston PE20 3BQ

Net Zero Twenty-Two Limited            

The Senior Planning Officer presented the report and confirmed that the application has been referred to the planning committee by the Assistant Director (Planning) along with the other two Battery Energy Storage System applications to ensure transparency on all the applications. The application had also received two third party objections and an objection from the Parish Council.

The site to which the application related was an agricultural parcel of land that was approximately 6.25 hectares in size. The site was located North of Bicker Drove and was North-east of the Bicker Fen Sub Station.

The site which was roughly square in shape had a drain adjacent to the Western boundary and a drain through the centre of the site. On the Eastern side of the site there was an electricity pylon with cables running from the substation to the north-east.   The site was located on Bicker Drove, which was a single-track road although there was some evidence of passing places along the road. The highway had good visibility although the bend, that was immediately south of the site, that linked Bicker Drove to Vicarage Drove had reduced views. The site formed part of the wider agricultural setting which comprised of flat arable land with ditches and drains serving the fields. To the Southwest was a Substation which was central to other renewable energy developments including solar and wind farms.  The site was located within flood zone 3. There were no public rights of way that crossed the site, and it was not covered by any statutory or local landscape designation, nature conservation or cultural heritage designations.

Planning permission for a 40-year time period was sought for the erection of a battery Energy Storage System (BESS), together with associated infrastructure and landscaping. The scheme would be located within the drains on the site, leaving the Eastern half clear. An attenuation pond was proposed to the north and a new access was also proposed.

The site at the time of submission of the report did not have an access, the proposed access was located just north of the bridge that was immediately south of the site. The bridge was referred to as ‘Ash Holt Bridge’.

The planning history on the site was extensive and had included the erection of 13 wind turbines, development of a battery energy storage system and construction of electricity substations.

Objections from third parties had included the site being a waste of top-grade agricultural land, concerns in respect of access and egress from the site and concerns at the over development of the site.

Statutory consultees had commented, and their concerns had been mitigated by conditions. Lincolnshire Fire and Rescue had provided extensive comments on the application, their first having related to access but that had  ...  view the full minutes text for item 31.

Major – Full Planning Permission

Proposed residential developments for 200no. affordable dwellings and associated open space, parking and ancillary building to affordable housing provisions and means of access.

Land South of Wainfleet Road, Boston.

Proposed residential development for 200no. affordable dwellings

and associated open space, parking and ancillary building to

affordable housing provision and means of access

Land South of Wainfleet Road, Boston

The Senior Planning Officer presented the report and confirmed that the application had been referred to planning committee by the Assistant Director for Planning to consider the matters of viability in connection with this site.

The application site was on the north-east edge of Boston, to the south of Wainfleet Road. It was 9.62 hectares in size with the land in agricultural use at the time of submission. To the north were the rear gardens of existing properties along Wainfleet Road. To the east, the site adjoined agricultural land, while to the south and west were drains, beyond which the rear gardens of properties on Sandringham Road, Princess Anne Road, Somersby Way and Somersby Gardens. The site was therefore enclosed by existing development on three sides. Trees and hedgerows were located to the north, west and south boundaries.

A field access currently existed providing access from Wainfleet Road into the site and adjoined agricultural land to the east. Additionally, a pedestrian access existed between the properties known as Romney and Jura on Wainfleet Road into the site. The application site was agricultural land and, according to the Borough wide DEFRA records, designated Grade 1. The site is within the Environment Agency Flood Risk Zone 3. The Council’s Strategic Flood Risk Assessment (SFRA) 2010 identifies the majority of the site having a Flood Hazard rating of ‘Danger for All’ and a ‘medium’ tidal flood probability.

The site had a depth from flooding for the 200-year event (2115) predominately in the range of just under to just over 1 metre.  There were no listed buildings, tree preservation orders or other statutory local landscape or other designations on the site. Within the vicinity but approximately 250 metres away is the Boston (Spilsby Road) Conservation Area, within which were some Grade 2 listed buildings. A designated bridleway exists between the junction of Somersby Way and Ashlawn Drive south to Blackthorn Lane. 

The proposal sought the erection of 200 affordable dwellings. The application included a single vehicular access off Wainfleet Road in the north-eastern corner of the site. With additional pedestrian accesses between Romney and Jura on Wainfleet Road, and in the southwest corner from the junction of Somersby Way and Tollfield Road.

Previous applications on the site had included B/17/0511 an outline application for proposed residential development of up to 200 no. dwellings and associated open space, parking and ancillary building to the affordable housing provision, with access to be considered which had been granted 4 October 2018 subject to a S.106 agreement securing, amongst other things, 20% affordable housing and contributions in connection with Health and Education.   B/21/0441 the application for the approval of reserved matters (Appearance, Landscaping, Layout and Scale) following Outline Approval B/17/0511 for residential development of up to 200 no. dwellings which had been granted 22 December 2023 and   B/24/0242 an  ...  view the full minutes text for item 32.

Notification to carry out works on trees

Notification under s211 for works to trees within a conservation area to include:

T1 – Pine-remove dead wood and ivy, thin canopy by approx. 30%.

T2 – Lime-Pollard to just above trunk height, remove ivy, suckers and growth from base.

Westholme, Church Lane, Swineshead, Boston PE20 3HY

Notification under s211 for works to trees within a conservation area to include:

T1 - Pine - Remove dead wood and ivy, thin canopy by approx 30%

T2 - Lime - Pollard to just above trunk height, remove ivy, suckers and growth from base           

Site: Westholme, Church Lane, Swineshead, Boston PE20 3HY

The Planning Officer presented the report, confirming the item was required to be determined by committee as the applicant was Councillor Suzanne Welberry.

The trees the application related to were located within the grounds of ‘Westholme’, Church Lane, Swineshead, within the Conservation Area. They comprised of 1no. pine in the front garden in public view, and 1no. lime in the rear garden.   In respect of the pine tree, it was proposed to carry out pruning and general maintenance works, clearing out ivy and the deadwood and overcrowded branches from the crown.  The works to the lime tree comprised of pollarding and tending to the ivy and other growths at the tree’s base.  The trees sat within the Swineshead Conservation Area and the recommendation was to approve the application but not to make a Tree Preservation Officer in relation to either tree.

RESOLVED:

That the committee approve the application in line with officer recommendation and subject to the conditions and reasons as follows:

That the application be approved and a Tree Preservation Order is not made.