Agenda item

Major - Full Planning Permission

 

Proposed Residential Development Comprising 142 Affordable Dwellings and Associated Works

           

Land adj to 78 Puritan Way, Land off Puritan Way, Boston, PE21 8NW

 

Major - Full Planning Permission

 

Proposed Residential Development Comprising 142 Affordable Dwellings and Associated Works

 

Land adj to 78 Puritan Way, Land off Puritan Way, Boston, PE21 8NW

 

The application had been called in for Committee determination by ward member, Councillor Anton Dani, to allow discussion of the following issues:

 

? Flooding to neighbouring properties.

? Overlooking other houses.

? Only one exit via Puritan Way for such a large residential area.

 

The application site was a roughly triangular piece of flat farmland extending across 4.6882 hectares, currently in arable use and located on the north-western edge of the built form of the settlement of Boston. The site was bounded to the west by Fenside Road, a rural cul-de-sac beyond which lay open arable farmland. To the north-west was Pioneer Wood, an area of woodland. To the immediate north at the apex of the triangle was a residential dwelling with a large domestic curtilage. The eastern boundary was formed by the River Witham, which at that point had high embankments. To the south was existing residential development centered on Puritan Way.

 

The application site formed the northern part of a larger area allocated for housing in the Local Plan, which extended to 8 hectares in total, and was described as allocation Fen006, Land East of Fenside Road, in Inset Map 1 and Policy 11 of the South-East Lincolnshire Local Plan. The southern part of the allocation had already been developed.

 

The site was in Flood Risk Zone 3 (FRZ3) and was also within the Coastal Hazard Zone. Environment Agency mapping indicated the hazard level as being in the category ‘Danger For All’.

 

The proposal was for the erection of 142 dwellings with associated infrastructure, drainage and open space. All the dwellings would be affordable housing.

 

After the initial submission of the application, amendments were made to the layout to incorporate a wildlife corridor and natural planting, to add additional drainage at the boundary with existing neighbours and other detail changes.

 

The recommendation was to approve the application, subject to conditions and the signing of the Section 106 agreement.

 

The Principal Planning Officer presented his report. He drew the Committee's attention to matters in the supplementary agenda, which contained an assessment of a comment made by a third party in relation to barn owls. The reporting officer’s recommendations remained unchanged and the supplementary agenda included a complete list of conditions and informatives which had been recommended for the application.

By way of update, there had been an additional comment received by the Barn Owl Trust who had reiterated that they considered that a suitably worded condition was an appropriate resolution, and that a mitigation strategy could be achieved if it was well designed. Their representation acknowledged that it was not ideal and best practice would include a robust strategy “up front”. Part of the reason for this was a potential delay in works arising from identifying suitable alternative offsite routes. However, the recommendation included a condition (condition 16) in the supplementary agenda which had been agreed with the Trust. The Council would be consulted on any application to discharge that condition.

 

The Principal Planning Officer presented the location plan and photographs, setting out the boundaries of the site, including the location of existing properties adjoining the site.

 

The proposed site plan was presented. The Principal Planning Officer confirmed that the housing would be off two spur roads, with a single access point through Puritan Way, with no vehicular access on to Fenside Road. A condition was recommended which would prevent the creation of vehicular accesses for these dwellings at a later stage. The Principal Planning Officer confirmed there would be two pedestrian access points, which would facilitate pedestrian access to the Woods Trust site.

In terms of house type, there would be a predominance of semi-detached dwellings, although there were a variety of house types and proposed landscaping. The plans also included a mix of materials and slight deviations in house types to provide distinction. Typical illustrations were displayed.

 

In terms of drainage, the proposed drainage scheme was outlined. The scheme had been submitted and agreed in principle by the Internal Drainage Board (IDB), the Environment Agency and Anglian Water. The Principal Planning Officer confirmed that none of them had raised objections to the proposals. He summarised that the drainage scheme proposed to collect water which would be piped under the roadways to underground attenuation tanks, and then pumped approximately 300 metres to the west into an IDB drain.

Part 7.24 of the report set out a more detailed assessment of what the drainage scheme entailed. An interceptor drain was proposed along the western edge of the site, which would be expected to catch residual run-off effectively and would infiltrate naturally.

The Principal Planning Officer drew attention to part 7.31 of the report showing that a resident had contracted a third-party study of the proposed drainage scheme and the response from the local lead flood authority was included within the report. The Principal Planning Officer confirmed that he was satisfied that this matter could be adequately addressed through conditions to secure the detailed design of the drainage scheme.

Members were advised that Puritan Way would be the main access point and that there was some on-street parking available. Lincolnshire County Council Highways had no concerns regarding the use of Puritan Way as an access point.

The Principal Planning Officer indicated that no objections had been received from any of the statutory consultees. However, a holding objection from the Wildlife Trust had been received prior to the submission of the biodiversity net gain information. They had since been re-consulted and had not provided an additional response.

The Principal Planning Officer indicated that the site was allocated, that the development was considered acceptable in principle and that whilst there was a predominance of semi-detached properties, the overall design was considered to be high quality. He acknowledged that there would be a change in character, particularly along Fenside Road, which formed part of the allocation process. He confirmed that the site would not have been allocated if it had been considered to be a landscape harm that would prevent the site being developed for residential purposes; and acknowledged that the changes were considered acceptable.

 

In terms of neighbour amenity, the older properties along Fenside Road would experience the greatest degree of change, not harm, and the conclusion of officers was that the proposals would not have an unacceptable impact on neighbour amenity.

The scheme would be subject to biodiversity net gain conditions to secure the delivery of the 10% gain over 30 years, including its management and maintenance.

 

There had been a viability appraisal on the scheme which had been subsequently assessed by the Council's independent assessor. The total request was just under £1.2 million with contributions requested for education, health, highways improvements, bus services and bus passes.
The independent assessment identified that a fully affordable scheme was capable of supporting just over £150,000 in contributions.

The officer’s report included an assessment of how that should be divided, recommending that monies first be given to secure the off-site improvement works. Thereafter, the NHS request would be fulfilled. The funding requests for bus routes were considered less hierarchically significant than other requests. The bus pass request and the request from Boston Woods Trust  were not considered to be justified.

 

The Principal Planning Officer confirmed that the above division of contributions was a suggestion and that the Committee were able to consider alternatives.

In conclusion, the Principal Planning Officer advised that the scheme was considered to accord with the Local Plan and that the provision of 142 affordable dwellings weighed favourably against the shortfall in financial contributions.

 

Mr Richard Larrington, who lived adjacent to the site and was speaking in objection to the application, addressed the Committee. He requested and received confirmation that his supporting documentation had been received by members.

 

Mr Larrington advised that he did not oppose the development, he wanted to advocate for a solution that enhanced the area and at the same time address significant concerns about the development, which could result in the addition of an extra 300 cars to Puritan Way daily.

 

Mr Larrington indicated that a key issue was flooding which might arise from increasing the ground by 700 millimetres (which he demonstrated to the committee) and the 2,170 lorries that would bring the soil to the site, creating severe congestion. Additionally, the Shields Wilson report outlined a 20 to 1 slope, which would be 12 metres from each house back to the present level, directing rainfall towards both the homes of the Maddings and Larringtons (which would be surrounded on three sides) and which would create a funnel effect where the water would go into the gardens and on to Fenside Road. He highlighted the health and safety concerns of children using wet surfaces.

 

In relation to the French drain which had been proposed, Mr Larrington referred to the Shields Wilson report which confirmed that after 24 hours the soakaway test water levels did not change. He explained that the infiltration rate was zero and that the drain would quickly fill and overfill with water, rendering the proposed drain ineffective, and indicated that the French drain was not connected to the development drains, only to a soakaway. Mr Larrington stated that a proven solution had been implemented at the Allison Homes site in Frampton, where they had successfully levelled the ground five metres from the properties and had built a retaining wall which protected nearby homes from flooding whilst creating a safe, usable area for families. He invited the committee to consider this option as an alternative which would prevent flooding, including to existing properties.

 

Mr Larrington highlighted that £97,000 was to be spent on the Washdyke Road and Fenside Road junction which could instead be spent on a protective wall.

 

In relation to barn owls, Mr Larrington referred to concerns about the impact on them, their nesting sites and the extent of protections available to them. He proposed a compromise layout plan which would avoid the areas needing most protection for the barn owls, and proposed the sale of land to charities such as Boston Woods, which would create a new wildlife park for the residential area, resulting in the landowners receiving a settlement which provided a share for housing and a share for conservation land.

 

Mr Larrington concluded his representation by reiterating that his alternative proposal would result in the delivery of new homes and would resolve the issue of flood risk and compensated landowners whilst at the same time protecting local wildlife.

 

Members of the Committee requested clarification in relation to the following issues:

 

Mr Larrington was asked about the visual aid which he had used during his presentation to demonstrate the 700 millimetres depth of soil that he had referred to. He set out his calculation of 36,000 cubic metres of soil which would have to be transported to the site via Puritan Way to provide that depth of soil. He also used the visual aid to demonstrate the slope and angle of fall for drainage which would exist at his property and that it was likely to exacerbate the flooding issues. He indicated that the only mitigation was a 300-millimetre width drain, which would not cope with the anticipated water that would be directed to his property. He was then asked to clarify the diameters of the drain.

 

Mr Larrington pointed out his familiarity with the area, having lived there for 20 years (and his neighbours for longer) and that the area was known to flood already. He indicated that the impact of the plans would exacerbate flooding issues. Mr Larrington outlined an alternative drainage plan which he considered would mitigate the risk to his home and the area. The alternative plan included the installation of a second dyke to assist with the way in which the existing dyke would be overwhelmed.

 

The Committee was then addressed by Mr Clive Wicks, the agent for the applicants. He indicated that the plans were for a fully rental social housing project which would help young families on the waiting list. He explained that there were extensive waiting lists for affordable houses in the area and confirmed that the houses would be built to Homes England's strategic standards and the latest building regulations, using modern methods of construction. The properties would provide residents with lower bills.

 

Mr Wicks indicated that the site was in the Local Plan and that the Council had approved the neighbouring 79 houses at Phase One of the development. The present application would enable the completion of the site’s central circular play area and public open space. He indicated that the proposed grassed area would form an important wildlife route for the local owls who fed on voles in the ditches to the west.

 

Mr Wicks confirmed that no flooding had taken place on the proposed site or on the existing 79 unit scheme adjacent to it. The verge along Fenside Road would be unchanged.

 

Mr Wicks concluded by indicating that the financial viability report had been endorsed by officers, that the flood risk report had been accepted by the leading flood authority and that Homes England was ready to start. The proposal would create £19 million of construction work into Boston's local economy and would complete the delivery of the site.

 

Members of the Committee requested clarification in relation to the following issues:

 

In relation to the alternative drainage scheme proposed by Mr Larrington, Mr Wicks clarified that the application had not considered the alternative proposal for a wall. He confirmed the extent of the trench testing which had been undertaken, including percolation tests, all of which had been successful. He also referred to drone footage which demonstrated that flooding had not occurred. He indicated that there had been no concerns from the existing built site and that the applicant’s engineering experts had raised no concerns. He clarified that any overflow from the French drain would end up on the other side of Fenside Road.

 

In response to the information provided, the Principal Planning Officer demonstrated by reference to illustrations that in relation to the drainage strategy for Fenside Road there was a 1.2 metre slope, a post with gravel boards and the drain. He confirmed that these steps would eliminate the water from the site. The Principal Planning Officer  highlighted condition 6 which required a surface water drainage scheme to be submitted. He stated that the Committee could address any additional concerns at the condition discharge stage. He also advisedthat none of the consultees, including the IDB, the Environment Agency and Anglian Water had raised any concerns.

 

Committee deliberation occurred in relation to the following issues:

 

In relation to access to the site for construction traffic, the Principal Planning Officer confirmed that Condition 3 required the submission of a construction management plan that included traffic management for the routing of construction traffic. Condition 11 provided for no vehicular access and he confirmed that any alterations to the conditions could be considered.

 

Further deliberation occurred in relation to the drainage plans and risk of flooding. Clarification was provided on the design of the drainage plans, including the role of water infiltration and gravel boards, with reiteration that there were no concerns from statutory consultees and if there were in future, any such issues could be addressed by conditions.

 

Resolved: 

 

That the committee approve the application in line with officer recommendation and subject to the conditions and signing of the Section 106 agreement.

 

Conditions:

 

1. The development hereby permitted must be begun not later than the expiration of three years beginning with 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 only be undertaken in accordance with the following approved plans

•         14-2221-300-LP Location Plan

•         14-2221-301-01 Rev D Proposed Site Plan – Roofscape

•         14-2221-301-02 Refuse Strategy

•         14-2221-302 House Type Proposals - Plots 1 + 2

•         14-2221-303 House Type Proposals - Plots 3 – 6

•         14-2221-304 House Type Proposals - Plots 7 + 8 and 71 + 72

•         14-2221-305 House Type Proposals - Plots 9 + 10 and 73 + 74

•         14-2221-306 House Type Proposals - Plots 11 + 12

•         14-2221-307 House Type Proposals - Plots 13 – 15

•         14-2221-308 House Type Proposals - Plots 16 + 17

•         14-2221-309 House Type Proposals - Plots 18 + 19

•         14-2221-310 House Type Proposals - Plots 20 – 23

•         14-2221-311 House Type Proposals - Plots 24 + 25, 46 - 51 & 63–66

•         14-2221-312 House Type Proposals - Plots 26 + 27

•         14-2221-313 House Type Proposals - Plots 28 – 31

•         14-2221-314 House Type Proposals - Plots 32 – 34

•         14-2221-315 House Type Proposals - Plots 35 – 38

•         14-2221-316 House Type Proposals - Plots 39 + 40

•         14-2221-317 House Type Proposals - Plots 41 – 43

•         14-2221-318 House Type Proposals - Plots 44 + 45

•         14-2221-319 House Type Proposals - Plots 52 + 53

•         14-2221-320 House Type Proposals - Plots 54 – 57

•         14-2221-321 House Type Proposals - Plots 58 – 60

•         14-2221-322 House Type Proposals - Plots 61 + 62

•         14-2221-323 House Type Proposals - Plots 67 + 68

•         14-2221-324 House Type Proposals - Plots 69 + 70

•         14-2221-325 House Type Proposals - Plots 75 – 77

•         14-2221-326 House Type Proposals - Plots 78 + 79

•         14-2221-327 House Type Proposals - Plots 80 + 81

•         14-2221-328 House Type Proposals - Plots 82 + 83

•         14-2221-329 House Type Proposals - Plots 84 - 89, 105-106 + 125-128

•         14-2221-330 House Type Proposals - Plots 90 – 91

•         14-2221-331 House Type Proposals - Plots 92 – 95

•         14-2221-332 House Type Proposals - Plots 96 – 98

•         14-2221-333 House Type Proposals - Plots 99 + 100

•         14-2221-334 House Type Proposals - Plots 101 + 102

•         14-2221-335 House Type Proposals - Plots 103 + 104

•         14-2221-336 House Type Proposals - Plots 107 + 108

•         14-2221-337 House Type Proposals - Plots 109 + 110

•         14-2221-338 House Type Proposals - Plots 111 + 112

•         14-2221-339 House Type Proposals - Plots 113 + 114

•         14-2221-340 House Type Proposals - Plots 115 – 118

•         14-2221-341 House Type Proposals - Plots 119 + 120

•         14-2221-342 House Type Proposals - Plots 121 + 122

•         14-2221-343 House Type Proposals - Plots 123 + 124

•         14-2221-344 House Type Proposals - Plots 129 + 130

•         14-2221-345 House Type Proposals - Plots 131 + 132

•         14-2221-346 House Type Proposals - Plots 133 + 134

•         14-2221-347 House Type Proposals - Plots 135 + 136

•         14-2221-348 House Type Proposals - Plots 137 + 138

•         14-2221-349 House Type Proposals - Plots 139 + 140

•         14-2221-350 House Type Proposals - Plots 141 + 142

•         23-88-01 Topographical Survey (1 of 4)

•         23-88-01 Topographical Survey (2 of 4)

•         23-88-01 Topographical Survey (3 of 4)

•         23-88-01 Topographical Survey (4 of 4)

 

In addition, the following drawings are embedded in submitted drainage documents:

 

•         SW23-228-REP-01 – Surface & Foul Water Drainage Strategy Report with the following Appended Drawings:

o        SW23-228-001 – Existing Flood Exceedance Plan

o        SW23-228-010B – Proposed Drainage Strategy Arrangement

o        SW23-228-011A – Proposed Drainage Strategy Details

o        SW23-228-015 – Proposed Flood Exceedance Plan

o        SW23-228-030 – Fire Tender

o        SW23-228-031 – Refuse Truck SW23-228-020

•         SW23-228-L01A – Riparian Drain Condition & Flow Capacity Review Statement

•         SW23-228-L02A – Drainage Principle Review Statement

•         SW23-228-L03A – Site Boundary Drainage Review Statement with the following Appended Drawing:

o        SW23-228-SK004 – Proposed Boundary Section

 

Reason: To ensure that the development is undertaken in accordance with the approved details, in the interests of residential amenity and to comply with Policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

3. Prior to the commencement of the development hereby permitted, a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include (although not restricted to) the following details:

 

a) a traffic management plan incorporating the routing of construction traffic and details of heavy vehicle movement patterns (including the earliest and latest times, and the suspension of trips during peak traffic times)

b) hours of work for site preparation, delivery of materials and construction

c) measures to minimise and control noise, vibration, dust, dirt and fumes during the development period

d) details of on-site parking facilities for both visiting construction vehicles and deliveries and workers on the site

e) the loading and unloading arrangements for heavy plant and machinery and materials

f) the location of storage of plant and materials used in constructing the development

g) measures to avoid disturbance to nesting birds and other wildlife

h) measures to prevent mud being deposited on the surrounding highway

i) details of any protective fencing to maintain public access and public safety for the public footpaths that cross/are adjacent to the site

j) measures to ensure that the site is properly drained during the construction period

k) a programme for the implementation of all of the above items.

 

Development shall then be carried out in strict accordance with the approved CEMP.

 

Reason: To satisfy Policies 2 and 30 of the South East Lincolnshire Local Plan (2019) and to ensure that appropriate measures are put in place before any development commences to limit noise, nuisance and disturbance to the occupiers of neighbouring properties during the construction of the development and to prevent any obstruction of or disturbance to the operation of the Highway.

 

4. The development shall proceed in strict accordance with the contamination recommendations set out in the contaminated land assessment for the site (GDP Project Number 2385) forming part of the approved application.

 

Reason: To ensure all contamination within the site is dealt with and to accord with Policies 2 and 30 of the South East Lincolnshire Local Plan (2019).

 

5. If, during development, contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing by the Local Planning Authority.

 

Reason: To ensure all contamination within the site is dealt with and to accord with Policies 2 and 30 of the South East Lincolnshire Local Plan (2019).

 

6. The permitted development shall be undertaken in accordance with a surface water drainage scheme which shall first have been approved in writing by the Local Planning Authority prior to the commencement of any works above ground level.

 

The scheme shall:

 

•   be based on the results of evidenced groundwater levels and seasonal variations (e.g. via relevant groundwater records or on-site monitoring in wells, over a 12-month period);

•  be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development and the principles set out in the submitted documents Flood Risk Assessment; Surface & Foul Water Strategy Ref SW23-228-REP-01; Site Boundary Drainage Review Statement; Drainage Principle Review Statement and Drainage Principle Review Statement which form part of the approved application;

•  provide flood exceedance routing for storm event greater than 1 in 100 years;

•  provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100-year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site;

•  provide attenuation details and discharge rates which shall be restricted to a rate approved by the Local Planning Authority;

• provide detailed drawings and associated calculations of all drainage assets forming part of the scheme;

•  provide details of the timetable for and any phasing of implementation for the drainage scheme; and

•  provide details of how the scheme shall be maintained and managed over the lifetime of the development including the maintenance of the interceptor drain and any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

 

No dwelling/ no part of the development shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing.

 

The approved scheme shall be retained and maintained in full, in accordance with the approved details.

 

Reason:  To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, or upstream of, the permitted development and to accord with Policy 4 of the South East Lincolnshire Local Plan (2019).

 

7. Prior to any works above slab level the locations of fire hydrants to be provided at the developer’s expense shall be submitted to and approved in writing by the Local Planning Authority. The development shall proceed in accordance with the details so agreed.

 

Reason: In the interests of the safety and amenity of future occupants of the development and to accord with policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

8. No part of the development hereby permitted shall be occupied before the works to improve the public highway by means of upgrading uncontrolled pedestrian crossing points to include tactile paving and dropped kerbs where necessary at the junctions of Puritan Way with Shaw Road and Puritan Way with Carlton Road have been certified complete by the Local Planning Authority.

 

Reason: To ensure the provision of safe and adequate means of access to the permitted development and to accord with policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

9. The carriageways of the estate roads hereby permitted shall be constructed up to and including binder course level prior to the commencement of the erection of any residential development intended to take access therefrom and no dwelling hereby permitted shall be occupied before the footway between that dwelling and the existing public highway is also constructed up to and including binder course level.  The carriageway and footway binder course surfaces shall be maintained to a standard that will provided safe and suitable access for residents and their visitors until such time as the final surface courses are laid and the final surface courses shall be laid no later than three months following the date of occupation of the penultimate dwelling.

 

Reason:  In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels and to accord with policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

10. The permitted development shall be undertaken in accordance with an Estate Road Phasing and Completion Plan, which shall first be approved in writing by the Local Planning Authority.   The Plan shall set out how the construction of the development will be phased and standards to which the estate roads on each phase will be completed during the construction period of the development.

 

Reason:  To ensure that a safe and suitable standard of vehicular and pedestrian access is provided for residents throughout the construction period of the development and to accord with policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

11. There shall be no vehicular access from the development to Fenside Road nor any access of any kind from any individual dwelling forming part of the development to Fenside Road and no such accesses shall be made in the future from the development or any dwelling forming part of the development.

 

Reason: In the interests and amenities of users of Fenside Road, of visual amenity and of local character, and to accord with policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

12. The development shall be carried out in accordance with the submitted FRA dated June 2024, ref: ‘ECL1081b/SHIELDS WILSON’, prepared by Ellingham Consulting Ltd and the following mitigation measures it details:

• Finished floor levels to be set no lower than 3.2 metres above Ordnance Datum (AOD)

• The development to have at least two storeys

• Flood resilience and resistance measures to be incorporated into the proposed development as stated

 

These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants in line with Policy 4 of the South East Lincolnshire Local Plan (2019).

 

13. None of the dwellings hereby approved shall be occupied until details of the public open space and how it is managed and maintained as part of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall cover the full lifetime of the open space and drainage system and, as a minimum, shall include:

(i) details of the public open space and how the POS will be landscaped (hard and soft) along with provision of play equipment or other facilities;

(ii) arrangements for adoption by an appropriate public body or statutory undertaker, or management and maintenance by a Residents’ Management Company.

(iii) arrangements concerning funding mechanisms for the ongoing maintenance of all elements of the POS (including mechanical components) to include details such as:

1. on-going inspections relating to performance and asset condition assessments;

2. operation costs for regular maintenance, remedial works and irregular maintenance of limited life assets; and

3. any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime including

(i) means of access and easements for maintenance purposes;

(ii) A timetable for implementation.

 

The POS shall thereafter be installed in accordance with the details and timetable contained within the duly approved scheme, and shall be managed and maintained as such thereafter.

 

Reason: To ensure that satisfactory measures are put in place for the management and maintenance of the public open space area throughout the lifetime of the development and to accord with Policies 2, 3, 6 and 31 of the South East Lincolnshire Local Plan (2019).

 

14. Prior to any works above slab level a detailed scheme of landscaping and planting based on the principles set out in the approved proposed site plan and including details of species and future maintenance shall be submitted to and approved in writing by the Local Planning Authority. Plan shall be carried out and completed in its entirety during the first planting season following completion of the development. All trees, shrubs and bushes shall be maintained for the period of five years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary.

 

Reason: To ensure that the development is adequately landscaped, in the interests of its visual amenity and character in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

15. The water consumption of each dwelling hereby permitted should not exceed the requirement of 110 litres per person per day as set out as the optional requirement in Part G of the Building Regulations (2010) and the South East Lincolnshire Local Plan (2011-2036). The person carrying out the work must inform the Building Control Body that this duty applies. A notice confirming the requirement for the water consumption has been met shall be submitted to the Building Control Body and Local Planning Authority, no later than five days after the completion of each individual dwelling.

 

Reason: To protect the quality and quantity of water resources available to the district. This condition is imposed in accordance with Policy 31 of the South East Lincolnshire Local Plan (2019).

 

16. Prior to the commencement of any works on the development hereby permitted, a strategy for the mitigation of the impact of the scheme on barn owls shall be submitted to and approved in writing by the Local Planning Authority.

 

The method of works and mitigation strategy shall be prepared by an appropriately qualified ecologist and shall include:

-         Strict timings of works accompanied by immediate pre commencement checks conducted by a suitably qualified ecologist;

-         Appropriate buffer zones around the existing nest site and any proposed temporary alternative mitigation;

-         Ensure permanent provision i.e. wildlife tower positioning is in a location unlikely to suffer from high levels of disturbance post development and not obscured by soft or hard landscaping;

-         Design landscaping in such a way to maximise chances of continued use of the existing nest site post development for example by removing trees and shrubs from entrance ‘corridors’;

-         Provision of on- and/or -off-site barn owl nesting facilities

-         Monitoring programme to determine the effectiveness of the mitigation strategy to at least 2029.

 

The development shall proceed in accordance with the details so approved.

 

Reason: In the interests of barn owls and biodiversity and to accord with Policy 28 of the South East Lincolnshire Local Plan (2019).

 

17 The scheme shall proceed in accordance with the details of the ecological enhancements set out in the approved plans and supporting documentation together with such measures as shall be part of measures to be determined to achieve Biodiversity Net Gain and the protection of barn owls. The measures shall thereafter be so maintained.

 

Reason: In the interests of biodiversity and in accordance with Policy 28 of the South East Lincolnshire Local Plan (2019).

 

18. Development may not begin unless a biodiversity gain plan has been submitted to and approved by the Local Planning Authority.

 

Reason: To comply with Schedule 7A of the Town and Country Planning Act (1990, as amended).

 

19. Prior to the implementation or enhancement of any habitat included within the approved gain plan, a 30 year management and maintenance plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include:

 

        Aims, objective and targets for management, including the target conditions as specified within the Statutory Biodiversity Metric and Biodiversity Gain Plan.

        Details of the phasing and implementation of the habitats

        Details of the management operations necessary to achieve those aims and objectives and the target conditions of all relevant habitats.

        Details of the monitoring needed to measure the effectiveness of management and details of an assessment as to whether the target condition is achieved within the time to target period specified within the approved metric.

        Mechanisms for adaptive management and remedial measures to account for changes in the work schedule to achieved required targets and to redress any shortfall in biodiversity units that may occur.

        Details of the persons responsible for the implementation and monitoring detailed above

        Reporting on the delivery of on-site gains on years 1, 2, 5, 10, 20 and 30 following the implementation of the habitats in accordance with the above details

 

The development shall be completed in accordance with the approved details and the management plan shall be adhered to for its duration.

 

Reason: In the interests on improving biodiversity and delivering the Mandatory Biodiversity Net Gain. This condition is imposed in accordance with policy 28 and 31 of the South East Lincolnshire Local Plan 2019.

 

20. Prior to any work above slab level on the development hereby approved a schedule of external materials and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority, the development shall be constructed in accordance with the materials so approved.

 

Reason : In the interests of the appearance and character of the development and the visual amenity of the area in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan, 2019.

 

BNG APPLIES
BNG1	BIODIVERSITY NET GAIN CONDITION   The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless: (a)          a Biodiversity Gain Plan has been submitted to the planning authority, and (b)          the planning authority has approved the plan.   The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Boston Borough Council
BNG3	Statutory exemptions and transitional arrangements   There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These can be found at Paragraph: 003 Reference ID: 74-003-20240214 of the Planning Practice Guidance, which can be found at https://www.gov.uk/guidance/biodiversity-net-gain.   Irreplaceable habitat If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.   Effect of Section 73(2D) of the 1990 Act Under Section 73(2D) of the Town and Country Planning Act 1990 (as amended) where - (a)          a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”), and (b)          the conditions subject to which the planning permission is granted: (i)            do not affect the post-development value of the onsite habitat as specified in the earlier biodiversity gain plan, and (ii)           in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat within the meaning of regulations made under paragraph 18 of Schedule 7A, do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier biodiversity gain plan.   - the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990 (as amended) in relation to the planning permission.

 

INFORMATIVE NOTES

 

1. The attention of the applicant is drawn to the comments dated 8-Sep-2024 from Anglian Water including references to company assets in the vicinity and connection to foul and surface water drainage. Anglian water includes the following informative notes:

 

1. INFORMATIVE - Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087.

2. INFORMATIVE - Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water.

3. INFORMATIVE - Building near to a public sewer - No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087.

4. INFORMATIVE: The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact our Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements.

 

The applicant is advised to discuss the Anglian Water comments with the company’s officers prior to the scheduling or commencement of any works.

 

2. The applicant’s attention is drawn to the comment on the application dated 05-Jukl-2025 from the Black Sluice Internal Drainage Board referring to rainfall run-off, works within and affecting watercourses and other matters. The applicant is advised to discuss the matters raised with the Board’s officers prior to the scheduling or commencement of any works.

 

3. In accordance with Section 59 of the Highways Act 1980, please be considerate of causing damage to the existing highway during construction and implement mitigation measures as necessary. Should extraordinary expenses be incurred by the Highway Authority in maintaining the highway by reason of damage caused by construction traffic, the Highway Authority may seek to recover these expenses from the developer.

 

4. All roads within the development hereby permitted must be constructed to an acceptable engineering standard. Those roads that are to be put forward for adoption as public highways must be constructed in accordance with the Lincolnshire County Council Development Road Specification that is current at the time of construction and the developer will be required to enter into a legal agreement with the Highway Authority under Section 38 of the Highways Act 1980.  Those roads that are not to be voluntarily put forward for adoption as public highways, may be subject to action by the Highway Authority under Section 219 (the Advance Payments code) of the Highways Act 1980.  For guidance, please refer to https://www.lincolnshire.gov.uk

 

5. The highway improvement works referred to in condition 8 are required to be carried out by means of a legal agreement between the landowner and the County Council, as the Local Highway Authority.   For further guidance please visit our website; www.lincolnshire.gov.uk/highways? planning/works?existing?highway

 

6. Please contact the Lincolnshire County Council Streetworks and Permitting Team on 01522 782070 to discuss any proposed statutory utility connections, Section 50 licences and any other works which will be required within the public highway in association with the development permitted under this Consent.   This will enable Lincolnshire County Council to assist in the coordination and timings of these works.    For further guidance please visit the Highway Authority’s website via the following link: Traffic Management ? https://www.lincolnshire.gov.uk/traffic?management   

 

7. The existing ground level of the site must not be raised above the ground level of any surrounding land without further consultation with the Lead Local Flood Authority and Local Planning Authority, to consider suitable mitigation measures to ensure that surface water flood risk is not created or increased to land adjacent to the permitted development.