Agenda and draft minutes

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

Apologies for absence were tabled by Councillors David Brown, Deborah Evans and Paul Skinner.  No substitutes presented.

To sign and confirm the minutes of the last meeting.

The Chairman signed the minutes of the previous meeting held on the 19 May 2022

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

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

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

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, and Peter Bedford.

Councillor Peter Watson declared that whilst he was the Chairman Kirton Parish Council he had taken no part in any deliberations in respect of Planning Application B 22 0157 / B 0 15when it had be raised at the Parish Council and would consider the application on the evidence and reporting before him at the 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 21 July 2022

No public questions were tabled.

Full Planning Permission - Change of use from former Class E use

to an Adult Gaming Centre (Sui Generis)

14 – 16 Strait Bargate, Boston PE21 6LW

Merkur Slots UK Ltd

Full Planning Permission - Change of use from former Class E use

to an Adult Gaming Centre (Sui Generis)

14 – 16 Strait Bargate, Boston PE21 6LW

Merkur Slots UK Ltd

The Senior Planner presented the report to committee advising that the application had been called-in for committee determination by Councillor Neill Hastie.

Prior to presenting the report the senior Planner provided committee with updates to the report tabled within the agenda.

An operational management plan has been submitted detailing how the premises will be managed with regards to entry and dispersal of customers where required, security, and crime and disorder.

There was an error in paragraph 5.1 of the tabled report, regarding the number of comments received which should have read 61 at the time of the report.

An additional representation had been received following issue of the agenda, taking the total received to 62. These comments broadly align with those summarised within the agenda.

Concluding the update, members were advised that it was felt that the additional comments did not alter the assessment or recommendation of the proposal as presented in the agenda and no additional conditions had been proposed.

The application site remained vacant and was situated on the corner of Strait Bargate and New Street within the town centre and Boston Conservation Area, and was also within the primary shopping area and part of the primary shopping frontage.  The application related to the ground floor of the building only, accessed through a door at the centre of the property. A first and second floor are accessed via a separate entrance on New Lane. The site has been vacant since December 2016 when it was last occupied by Clarks.  The proposal sought to change the use of the ground floor to a sui generis use to provide an adult gaming centre. An adult gaming centre bring a licensed premise for those aged 18 and over that contained fruit machines and other similar style gaming machines. The licensing requirement limited the total number of category B machines in any one premises to up to 20% of the total number of machines. The machines had a maximum stake of £2 and a max pay out of £500. The remaining machines must be category C (with a maximum stake of £1 and maximum £100 pay out) or D (typically low stake fruit machine style, coin pushers, or crane grabs).  The application included no operational development, however, a separate application for advert consent for associated signage has been submitted and was also before members to assess.

Addressing the history of the site, the Senior Planner confirmed that application B 17 0381 for a change of use from a shop (Class A1) to a coffee shop comprising A1 and A 3 uses had been approached on the 7 November 2019 but not implements.  Application B 17 0390 to remove the lantern light and in-fill the roof via timber joist and single ply roof system and install a section of flat roof over  ...  view the full minutes text for item 130.

Advertisement Consent for 2no illuminated fascia signs and 1no externally illuminated projecting sign

14 – 16 Strait Bargate, Boston PE21 6LW

Merkur Slots UK Ltd

Advertisement consent for 2no illuminated fascia signs and 1no externally illuminated projecting sign.

to an Adult Gaming Centre (Sui Generis)

14 – 16 Strait Bargate, Boston PE21 6LW

Merkur Slots UK Ltd

The Senior Planner presented the report to committee the proposal sought advertisement consent for two fascia signs, stretching the length of the frontage from New Street around to Strait Bargate. The Fascia signs included external illumination over the ‘Merkur Slots’ lettering. A further projecting sign was proposed at the northern end of the Strait Bargate frontage that would be internally illuminated. 

Heritage Lincolnshire had voiced concerns at the proposal stating that the signage and potential impact on the active frontage will result in a generic and defensive character that would have a negative impact on the building and the wider conservation area and as such, the recommendation sought a delegation to officers to enable further deliberations with the applicant, to address the concerns by Heritage Lincolnshire.

The Assistant Director – Planning and Strategic Infrastructure advised committee that their decision on the previous application had no bearing on the application as it needed to be determined on its own merits and reminded members that such recommendations were normally taken under delegated powers.

It was moved by Councillor Jonathon Noble and seconded by Councillor Yvonne Stevens that the outcomes of the officer discussion to formulate an agreeable outcome be returned to committee to final determination.

Vote:   In favour 2.      Against 8.     Abstentions 0.

It was moved by Councillor Peter Watson and seconded by Councillor Katie Chalmers that committee agree the officer recommendation to delegate authority for determination following negotiations to address issues raised by Heritage Lincolnshire.

Vote:   In Favour:  8.     Against 2.     Abstentions 0.

RESOLVED:

That Committee delegate authority for the determination of this application to the Assistant Director – Planning for determination following continued negotiations on the design in regards to its impact on the Conservation Area.

It is recorded at this point in the meeting ahead of moving to the following application, Councillor Judy Welbourn declared that following comments made in the first application of personal knowledge of the impacts of gaming on health and wellbeing, that she would determine the following application with an open mind based on the information received.

Full Planning Permission – Change of use from a former payday loan shop (Sui Generis) to an Adult Gaming Centre (AGC) (Sui Generis)

9 High Street, Boston PE21 8SH

Chongie Entertainment Ltd

Change of use from a former payday loan shop (Sui Generis) to an  

Adult Gaming Centre (AGC) (Sui Generis)     

9 High Street, Boston PE21 8SH

Chongie Entertainment Ltd

The Senior Planner presented the application advising updates received following issue of the agenda.

A letter has been submitted from the marketing agent, confirming the site became vacant in October 2021 and that no offers for Class E or other uses were received in that time. The marketing agent also identifies a number of other vacant units within the vicinity.

The planning agent has also provided some commentary on matters discussed in the agenda. Firstly, the existing use of the site, the agent provides extracts from the previous occupants (Cash Converters) website that indicates the business primary use is s a pawnbrokers that would be a sui generis pay day loan shop. The second matter raised is the crossover with licensing and planning regimes, which states that these are separate functions and this matter has been verified by the appeal statements provided in support of the application. In addition the agent confirms that the license has now been granted by Boston Borough Council.

Three additional representations were received, taking the total to 41. These raised the following new issues that the site is within view of St Botolphs, one of the England’s ‘Great Churches’ and with good views of the historic town centre

Presenting the report the Senior Planner advised that application had been referred to committee due to the level of public comment received and due to the similar nature of the proposal (B/22/0222), also before Members which raise similar considerations.

The application site was 9 High Street, a large ground floor unit that fronts onto High Street but with a frontage display running the length of the shop along the pedestrianised Emery Lane. The site is in the town centre and Boston Conservation Area as defined on Map 1 of the Local Plan. The site is also in Flood Zone 3.   The building was currently vacant and was last in use in August 2021 as a pay day loan shop and existing signage identifies the unit was last occupied by Cash Converters.  The proposal sought to change the use to a different sui generis use to provide an Adult Gaming Centre.   This would have a ‘shop floor’ on the ground floor with upper floors used for back of house and storage purposes.  An Adult Gaming Centre was a licensed premises for those aged 18 and over that contained fruit machines and other similar style gaming machines. The licensing requirement limited the total number of category B machines in any one premises to up to 20% of the total number of machines. These machines have a maximum stake of £2 and a max pay out of £500. The remaining machines must be category C (with a maximum stake of £1 and maximum £100 pay out) or D (typically low stake fruit machine style, coin pushers, or crane grabs)

Committee were advised  ...  view the full minutes text for item 132.

Conversion of existing buildings (Sui Generis) to 5no residential aparenments (C3 dwelling Houses)

The Peacock, 10 High Street, Kirton, Boston PE20 1EG

Wellington Pub Company, C/O Agent

Conversion of existing buildings (Sui Generis) to 5no residential apartments (C3 dwelling houses)                                          

The Peacock, 10 High Street, Kirton, Boston PE20 1EG

Wellington Pub Company

Prior to inviting the Deputy Development Manager to present the report the Chairman noted that he had taken part in recent media coverage relating to public houses within another role.  He confirmed he had not discussed the application under consideration and would determine on the report and evidence to be presented.

Furtermore, at this point in the meeting, committee agreed to continue the meeting to conclusion after the 3 hour timed allowance with the constitution.

The Deputy Development Manager presented the report advising of update information to the report tabled within the agenda:

A further representation has been submitted from Kirton Parish Council raising concerns in relation to 1) overdevelopment of the building, with small rooms proposed and 2) lack of parking provision within the proposal along with a lack of on-street parking in the area and limited bus services and cycle routes between Kirton and Boston.  This additional representation received takes the total to 4 with two of those being from Kirton Parish Council.  The new issues raised were that the bus service only runs Monday to Saturday 8:00 – 18.34 and do not visit all areas of Boston and cycle routes are poor, with no direct connection to Boston.

Confirming the application has been called-in to Committee by a Councillor utilising the Scheme of Delegation mechanism due to concerns regarding the number of units and overdevelopment of the site leading to pressures in terms of quality of accommodation and amenity for future, and concerns regarding parking provision. The Deputy Development Manager advised that the site was a former public house known as The Peacock, located on High Street within the settlement boundary of Kirton. The building was a two-story terraced, located between Jhay Stores and Sylvias Beauty Salon. There was a coaching arch located to the side of the building that provided access to the small rear yard and an outbuilding. The public house was currently vacant and it was understood to have ceased trading as a public house in approximately 2012. The building was Grade II listed, located within Kirton Conservation Area and forms the setting of Grade I listed St Peter and Pauls Church. The site was also located within Flood Zone 3.  The area of the site on Kirton High Street was made up of a variety of residential and commercial uses including takeaways, healthcare, bakery, salon, bookmakers and several independent shops. There was on-street parking available with no off road parking on the site.  The proposal was for the conversion of the building and outbuilding from a public house to 5no self-contained flats with good separation. It was proposed to demolish the more modern (circa 1980’s) rear extension as part of the proposals. The front elevation would remain largely unchanged.

Representation was received from Mr James Sturgess the agent for the Wellington Pub Company which included:

There had been  ...  view the full minutes text for item 133.

Listed Building Consent for conversion of existing buildings (sui Generis) to 5no residential apartments (C3 dwellling houses)

The Peacock, 10 High Street, Kirton, Boston PE20 1EG

Wellington Pub Company

Listed Building Consent for Conversion of existing buildings (Sui  Generis) to 5no residential apartments (C3 dwelling houses)

The Peacock, 10 High Street, Kirton, Boston PE20 1EG

Wellington Pub Company

The Deputy Development Manager presented the report confirming it was for the site of the previous application and sought listest buring consennt for the conversion.

The application has been called-in to Committee by a Councillor utilising the Scheme of Delegation mechanism due to concerns regarding number of units and overdevelopment of the site leading to pressures in terms of quality of accommodation and amenity for future residents ad concerns regarding parking provision (Policy 36)

The site is a Grade II Listed former public house, known as The Peacock, located on High Street in the village of Kirton. The building is a two-story mid-terraced property, with a coaching arch providing access to the rear and yard. The building is currently vacant and is understood to have ceased trading as a public house since 2012. The site is also within Kirton Conservation Area and forms the setting of Grade I Listed St Peter and Pauls Church.  The proposal is for the conversion of the building and outbuilding from a public house to 5no self-contained flats. It is proposed to demolish the more modern (circa 1980s) rear extension as part of the proposals. The proposals are for internal alterations including removal of unsympathetic modern partition walls to return the building to its original plan form, removal of the bar (a modern addition), installation of a new staircase and other refurbishment works to create 5no flats. There are a small amount of new walls proposed, to create bathrooms. The main external alterations are to the rear of the building, with the removal of recent additions that form toilets, creation of a new access door, and new doors to the rear where the modern extensions are removed. The front elevation is to remain unchanged.

No public representation was received in respect of this application.

Committee deliberation followed which included:

Full support of the application which members agreed was entirely appropriate in order to retain the façade and to keep it sympathetic.

A member questioned the possibility of shot blasting the front of the building to remove the existing paint, stating that historically the Council had to take enforcement action when at one point the building had been painted either pink or cream.

The Assistant Director advised that it would be possible to expand condition 8 to include wording to address the brickwork.

It was moved by Councillor Jonathon Noble and seconded by Councillor Peter Bedford that the application be granted in line with officer recommendation subject to the reason and conditions therein and subject to an expansion of condition 8 to include wording to address the brickwork

Vote:  In Favour 9.    Against 0   Abstention 0

It is noted that Councillor Frank Pickett absented from the meeting for a period during the item and as such took not part in the vote.

RESOLVED:

That Committee grant  ...  view the full minutes text for item 134.

(A report by Mike Gildersleeves, Assistant Director – Planning)

Members noted the report.