Agenda item

Application type: s73 - Non-Major

 

Proposal: Application under s73 to vary Conditions 2 (Plans), C4 (Design of the "Wave"), C5 (30 year Management & Maintenance Plan) and C6 (Hard & Soft Landscaping) of planning permission B/24/0377

Application Type: S73 - Non-Major.

 

Proposal: Application under s73 to vary Conditions 2 (Plans), C4 (Design of the "Wave"), C5 (30 year Management & Maintenance Plan) and C6 (Hard

& Soft Landscaping) of planning permission B/24/0377.

 

Site: Public Open Space, Rosegarth Street, Boston PE21 8QU

 

The Principal Planning Officer presented the application and explained that it formed part of the wider Rosegarth Square regeneration scheme, noting that Members had already considered and approved the original development under reference B/24/0377. Since that decision, the applicant had refined elements of the public art and landscaping proposals, requiring a Section 73 application because the amended design differed too significantly to be approved through a simple discharge of conditions.

 

The Committee was reminded that the regeneration proposals covered the area stretching from the St Botolph’s footbridge to the Len Medlock Centre, incorporating new footways, planting, public spaces, relocated artwork, and enhanced pedestrian routes. Work on site had already commenced, with the former Crown House and B&M buildings demolished and construction under way on new public realm and adjacent developments.

 

Slides were presented showing:

·        the previously approved scheme, including the earlier “Wave” design

·        the revised layout, including amended paths, adjustments near the NHS building footprint, and the proposed siting of the Five Lamps monument

·        the new single?arch design of the “Wave” artwork, compared to the previous double?arched form

·        updated landscape and planting arrangements

 

The Officer explained that the revised “Wave” design was a simplified, cleaner interpretation of the concept originally approved. The proposed height remained approximately 8 metres at its tallest point, and the structure would still function as a focal public art feature within the square. He emphasised that the principles of installing public art and delivering a high?quality public realm had already been accepted by the Committee through earlier approvals.

 

The Committee was further advised that the revised scheme continued to meet design and heritage considerations, with the site lying adjacent to the Boston Conservation Area and within the setting of the Grade I listed St Botolph’s Church. Updated Biodiversity Net Gain (BNG) calculations were required due to planting changes, but officers confirmed that a 10% gain could still be achieved, subject to the resubmission of a BNG plan through condition.

 

There were no registered public speakers on this item.

 

The Chairman opened the debate.

 

A range of views were expressed regarding the revised artwork. One Member stated that they were “not impressed” by the new design and felt it might become an “object for ridicule”, questioning whether public money should be spent on such artwork. Another Member queried the positions of the buoys and the Fishermen’s Memorial within the landscaping, and officers provided clarification using the original plans.

 

Concerns were raised about the potential for vandalism, as well as the durability of the structure. Members also queried whether the revised design offered the same visual impact as the version previously approved. In response, the Development Manager reminded Members that financial considerations and maintenance budgets were not material planning issues, and that the Committee was required only to consider whether the design changes were acceptable in planning terms.

 

Some Members expressed support for the simplified design, noting that it appeared safer and less climbable than the previous version. A Member commented that the revised arch resembled “haircuts”, in a light?hearted remark about its curved forms, and asked whether the amended design would cost more or less than the original. Officers reiterated that cost was not a planning matter, though one Member reported that the revised design was believed to be less expensive due to reduced use of stainless steel.

 

Members also asked about the materials, colour finishes, and maintenance arrangements, and the Officer confirmed that the artwork would remain stainless steel with a granite base, and that seating, play space and other previously approved features were unaffected by the revisions.

 

The recommendation was moved by Councillor Barrie Pierpoint and seconded by Councillor Anton Dani.

 

Resolved:

 

That the application be approved subject to the conditions outlined below.

 

Conditions:

 

1 The development hereby permitted must be begun not later than the expiration of three years from the 5th November 2024 and the grant of planning permission B/24/0377

 

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;

 

? Drawing No. 831-ALA-XX-XX-DR-L-9005 Rev PL01 - Site Location Plan

? Drawing No. 831-ALA-XX-XX-DR-L-9021 Rev C06 - Landscape General Arrangement

? Drawing No. 831-ALA-XX-XX-DR-L-9022 Rev C06 - Detailed Landscape General Arrangement 1

? Drawing No. 831-ALA-XX-XX-DR-L-9023 Rev C06 - Detailed Landscape General Arrangement 2

? Drawing No. 831-ALA-XX-XX-DR-L-9024 Rev C08 – Kerbs and Edges 1 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9025 Rev C08 – Kerbs and Edges 2 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9029 Rev C05 – Tree Planting Plan 1 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9030 Rev C05 – Tree Planting Plan 2 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9038 Rev C05 – Planting Plan 1 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9039 Rev C06 – Planting Plan 2 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9040 Rev C04 – Tree Retention and Removal Plan

? Drawing No. 831-ALA-XX-XX-DR-L-9041 Rev C02 – Site Section 1 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9042 Rev C02 – Site Section 2 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9053 Rev P01 – 5 Lamps Interpretation Board

? Drawing No. 831-ALA-XX-XX-DR-L-9504 Rev P03 – The Wave Sculpture Detail

? Drawing No. 831-ALA-XX-XX-DR-L-9524 Rev C03 – 5 Lamps Plinth Details 1 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9525 Rev C04 – 5 Lamps Plinth Details 2 of 2

? Drawing No. 831-ALA-XX-XX-DR-L-9526 Rev P01 – 5 Lamps Elevations

? Drawing No. RGS-DCE-XX-XX-DR-C-5000 Rev P01 - Drainage Strategy

? Drawing No. RGS-DCE-XX-XX-DR-C-8000 Rev P01 - Drainage Proposal

 

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.

 

Pre-commencement conditions:

 

3 Development may not begin unless a biodiversity gain plan has been submitted to and approved by the Local Planning Authority. Thereafter, the development shall be undertaken in accordance with the approved plan.

 

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

 

Conditions which apply during the course of and following completion of the development:

 

4 The development shall be completed in accordance with the 30 year management and maintenance plan dated 19th December 2024 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.

 

5 The scheme of hard and soft landscaping and tree planting shown on drawing No 831-ALA-XX-XX[1]DR-L-9022 Rev C06 and 831-ALA-XX-XX-DR-L-9023 Rev C06 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.

 

6 The development hereby permitted shall proceed in accordance with the drainage proposals detailed on Drawing No. RGS-DCE-XX-XX-DR-C-8000.

 

Reason: To ensure that the site is adequately drained, to avoid pollution, and to prevent increased risk of flooding in accordance with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan, 2019 and national guidance contained within the National Planning Policy Framework 2024.

 

7 The archaeological site work shall only be undertaken in accordance with the approved written scheme, agreed as part of B/24/0377/CD2

 

Reason: To ensure the implementation of an appropriate scheme of archaeological mitigation in accordance with national guidance contained in the National Planning Policy Framework, 2024 and in accordance with Policy 29 of the South East Lincolnshire Local Plan, 2019.

 

8 Prior to the installation of the ‘5 Lamps’ pole, the final details of the proposed information board shall be submitted to an approved in writing by the Local Planning Authority. The Board shall be installed in accordance with the approved details prior to the development hereby permitted first

being brought into use and retained thereafter.

 

Reason: In the interests of preserving and enhancing the significance of the Listed Building in its new location, this condition is imposed in accordance with Policy 29 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.

 

INFORMATIVES / NOTES

TO BE INCLUDED ON/WITH DECISION NOTICE

 

STATEMENT OF PROACTIVE WORKING:

In determining this application, the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2024 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.