Agenda and minutes

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

There were apologies for absence from Councillor Stephen Ball.  Councillor Yvonne Stevens attended as his substitute.

To sign and confirm the minutes of the last meeting.

The minutes of the last meeting held on 9 February 2016 were agreed as a correct record and signed by the Chairman.

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

With respect to application number B/16/0010, Councillor Yvonne Stevens declared that the applicant was a personal friend and would leave the room when this application was considered. 

With respect to application number B/15/0491, Councillor Sue Ransome declared that due to the personal relationship between the applicant’s daughter and her own she would leave the room when this application was considered.  Councillor Brian Rush declared he had had a conversation with a resident, but had made no specific comment.  Several Members declared that the objector was known to them, but they had not discussed the application with him.  Councillor David Brown declared that he had been present at the parish council meeting when the application was considered, but he had an open mind and would take part in the Committee’s consideration of the application.  He had spoken to the objector, but not about this application. 

Application Type:     Full Planning Permission

Proposal:                   Application for change of use from public house to 6 apartments plus external works

Site:                            Witham Tavern, 3 Witham Bank East, Boston, Lincolnshire, PE21 9JU

Applicant:                  Mrs C Guille

Proposal:                  Application for change of use from public house to 6 apartments plus external works

Site:                            Witham Tavern, 3 Witham Bank East, Boston, Lincolnshire, PE21 9JU

Applicant:                 Mrs C Guille

(Councillor Yvonne Stevens left the room for the entire consideration of this application.)

The Development Control Manager presented this application. 

The Committee received representation from three people in objection to the application: Councillor P Gleeson, Mr M Limbert and County Councillor T Keywood-Wainwright.

Councillor Gleeson spoke in support of the officers’ recommendation to refuse planning permission.  The pub was a significant and could be important in the development of the area’s visitor economy due to its riverfront location.  It was for the applicant to provide robust evidence that the pub was redundant, including a specialised valuer’s report, a marketing report proving that the property had been marketed at that valuation and details of the efforts made to improve the pub’s trade and its trading accounts.  This had not been provided.  Appeal inspectors had upheld decisions made by planning authorities to refuse planning permission on the grounds of such lack of evidence. 

Mr Limbert, representing the South Witham Community Group, described the pub’s historic importance and its significant location on the pathway to the Witham Way Country Park within a major leisure and tourism area in the town.  It formed a link with the Water Rail Trail and the Sustrans national route number 1.  Other businesses in the area worked together to attract tourism and saw the potential of the business if it was run as part of the community with their help.  Other river users in the area, the motor yacht, sailing and rowing clubs, also believed that taking away the pub would have an adverse effect on tourism.  This was the only waterside recreation area within the town.  Mr Limbert said the pub had failed over the years for various reasons, mainly due to the applicant’s actions and decisions, in particular, refusing the custom generated by neighbouring businesses.

County Councillor Keywood-Wainwright advised the Committee she was speaking on behalf of the residents of the Boston North division, who were very concerned about the development.  They considered that the type of small flat proposed were not needed in the area; a pub was needed more.  The rowing club and the marina asked Members to consider what there was to offer to people on the marina and in town if the pub was to go. 

The applicant’s agent, Mr Lilley, expressed concern that the application was being recommended for refusal when the previous application based on exactly the same principles had been recommended for approval.  It had been said that the need for tourism was negligible, but now there was “great need”.  There was concern that the Ward Member was not present nor had been notified that the application was to be considered by the Committee and also that objections had not appeared on the Council’s website.  The proposal met the criteria of the National Planning Policy Framework and the Local  ...  view the full minutes text for item 19.

Application Type:     Full Planning Permission

Proposal:                   Erection of extension at first floor level to form a new internal customer area and external roof garden and balcony overhanging 'The Haven' plus associated works

Site:                            The Moon Under Water, 6 High Street, Boston, Lincolnshire, PE21 8SH

Applicant:                  Mr Noakes, JD Wetherspoon

Proposal:                  Erection of extension at first floor level to form a new internal customer area and external roof garden and balcony overhanging 'The Haven' plus associated works

Site:                            The Moon Under Water, 6 High Street, Boston, Lincolnshire, PE21 8SH

Applicant:                 Mr Noakes, JD Wetherspoon

The Senior Planning Officer presented this application and advised the Committee that the applicant had submitted an amended plan on 29 February, which correctly gave the length of the new cantilevered balcony as 26.6m, not 27.8m as stated in the report.  Also, the proposed balcony would be about 2.3m above the pavement level of the Town Bridge, not 3m as stated in the report. 

It was proposed by Councillor Stephen Woodliffe and seconded by Councillor Anton Dani that planning permission be granted as recommended by the Planning Officers.

Vote: 12 for, 1 against

RESOLVED: That application number B/15/0403 be granted planning permission 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 91 of the Town and Country Planning Act 1990.

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

§  Proposed ground floor plan ref 109 rev F (4/11)

§  Proposed first floor plan ref 110 rev H (5/11)

§  Proposed second floor plan ref 111 rev F (6/11)

§  Location plan ref 116 rev A (7/11)

§  Proposed external elevations ref 120 rev C (10/11)

§  Proposed external elevations and sections ref 121 rev C (11/11)

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

3.  Before the development hereby approved is first commenced, full construction details of the proposed balcony shall be submitted and approved in writing by the Local Planning Authority. These details shall include means of supporting the balcony, the fixings to be used, type of glass to be used, details of any repair work to the external face of the building following construction and a method statement which details the method of construction. The details shall also include the finish, colour and materials of the framework. The works shall be carried out as approved.

     Reason: This condition is a pre-start condition in order to ensure the proposed development assimmilates within its surroundings, preserves the setting of the nearby listed buildings and the character of the Boston Conservation Area.  This condition accotds with the objectives of Local Plan policy G1 and RTC 8 and the NPPF (2012).

4.  The proposed timber enclosure shall not be commenced until full elevation details of this structure has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out as approved.

     Reason: No details have been submitted, in order to ensure the structure assimmilates within its surroundings and to accord with the objectives of Local Plan policy G1.

5.  The existing flues, ductwork and condenser  ...  view the full minutes text for item 20.

Application Type:     Outline Planning Permission

Proposal:                   Outline consent for the demolition of the existing agricultural dwelling and outbuildings and erection of up to 6 dwellings with all matters reserved for later consideration

Site:                            The Bungalow, Wortleys Lane, Wyberton, Boston, Lincolnshire, PE21 7JF

Applicant:                  Mr Vaughan Dent

Proposal:                  Outline consent for the demolition of the existing agricultural dwelling and outbuildings and erection of up to 6 dwellings with all matters reserved for later consideration

Site:                            The Bungalow, Wortleys Lane, Wyberton, Boston, Lincolnshire, PE21 7JF

Applicant:                 Mr Vaughan Dent

(Councillor Sue Ransome left the room for the entire consideration of this application.)

The Development Control Manager presented this application and referred to earlier pre-appliction advice given by the department.

The Committee received representation from Mr Chester, who objected to the application mainly due to concern that the proper procedure had not been followed, as an application to remove an agricultural occupancy condition had to be advertised for 12 months and it had to be proved that it was not needed.  There was little mention of this in the report or on the website.  The Planning Officers said the condition would be taken off when permission was granted, but this would open the flood gates to others to apply to demolish buildings to have the condition removed.  The site was not in the village envelope, it was not designated housing land and it was not on a bus route.  Also, there were errors or omissions in the application regarding the flood process.  In conclusion, as a former parish councillor, Mr Chester asserted that the parish council would not have allowed this and the Committee should not do so. 

It was proposed by Councillor Yvonne Stevens and seconded by Councillor Stephen Woodliffe that planning permission be granted as recommended by the Planning Officers, but when put to the vote this was lost.  Vote: 4, for 5 against, 3 abstentions. 

It was then proposed by Councillor Brian Rush and seconded by Councillor Paul Skinner that the application be deferred to ask the applicant to amend the application to retain the bungalow with the agricultural occupancy condition and reduce the number of new dwellings on the site. 

Vote: 7 for, 5 abstentions

RESOLVED: That application number B/15/0491be deferred in order to ask the applicant to consider revising the application to retain the bungalow with the agricultural occupancy condition and then resubmit the application to seek outline for a smaller number of dwellings in the rest of the curtilage.

A report on the receipt of two appeal decisions against refusals in respect of:

                            The Red Cow Inn, Gaysfield Road, Fishtoft and

                            Holly Lodge, Streetway, Wyberton

The Committee considered a report by the Development Control Manager, which detailed the receipt of two appeal decisions against refusals in respect of The Red Cow Inn, Gaysfield Road, Fishtoft and Holly Lodge, Streetway, Wyberton, both of which had been dismissed. In addition, an appeal against a refusal by Committee at Ripe Now had been withdrawn by the appellant after the Inspector, who had been appointed to determine that appeal, raised questions and made observations.

The Development Control Manager pointed out that these two appeal decisions in the Council’s favour took the performance measure for 2015/16 to 18%, not 22% as stated in the report, which meant the target figure was being exceeded.

[Councillor Anton Dani left the meeting at 3.55 pm]

An update on the progress and process for the application for the on shore electrical system to connect the approved off shore Triton Knoll Wind Farm to the existing National Grid Substation at Bicker Fen.

The Committee noted a report, which provided an update on the progress and process for the application for the on shore electrical system to connect the approved off shore Triton Knoll Wind Farm to the existing National Grid Substation at Bicker Fen. 

The Examination of this application by a panel of Inspectors appointed by the Minister would conclude on 3 March 2016 and thereafter a decision had to be released by the Minister by 3 September 2016.

Delegated Decision List for Period 25^th January 2016 to 15^th February 2016 - For Noting

The delegated decision list for 25 January to 15 February 2016 was noted.

To consider resolving - That under Section 100(A)(iv) of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, the public and press be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Order.

IT WAS RESOLVED that under Section 100 (A) (iv) of the Local Government Act 1972, as amended by the Local Government (Access to Information)(Variation) Order 2006, the public and press be excluded from the meeting for the following items of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 5 of Schedule 12A of the Order.