Agenda item

Application for residential development of 22no. dwellings and 2no.garages including the part demolition of the existing Public House to form new 5.0m wide public road and associated works (revised description)

Land rear of the White Hart Public House, 31 Church Road, Old Leake, Lincolnshire, PE22 9NS

Mr Mark Perkins, Taylor Pearson Construction Ltd

Proposal:     Application for residential development of 22no. Dwellings and) 2no.garages including the part demolition of the existing Public House to form new 5.0m wide public wide road and associated works (revised description

Location:      Land rear of the White Hart Public House   31 Church Road  Old Leake  Boston  Lincolnshire.

Applicant:      Mr Mark Perkins

 

The Development Control Manager presented the report confirming that the application had been deferred to enable the applicant to look at the density of the site with a view to reducing the number of dwellings and increasing the number of parking spaces.  The revised application was now for 22 dwellings with 45 car parking spaces on site as against the previous application for 23 dwellings and 30 on site car parking.

 

Update information following issuing of the agenda was confirmed as per point 4.2 of the report which advised that the Co-Op had relocated elsewhere in Old Leake.

 

Highways had been consulted in respect of the new layout which they had agreed was acceptable subject to recommendations.  Highways has noted that as there are no national or local car parking standards it would be difficult to resist the application with the ratio of 2:1 on site parking.  Drainage issues would be dealt with through the design scheme and any riparian drain would be subject to maintenance.

 

A communication from the Parish Council dated 14^th June refers to other complaints received and confirms it is in complete agreement with the points raised by objectors with their main concern being the entrance / exit stating the splay to be too narrow, it also stated that 47 car parking spaces would be needed.   Further concerns identified the impact of local schools, the medical centre and electricity all of which should be considered.

 

Reference was made to the number of further objections received from The Chestnuts residence on the 9^th / 11^th / 13^th and 14^th of June along with a letter received on the 20^th June. Briefly summarising the contents of the representation the Development Control Manager advised that comments had included the Council had not sought further objections from residents who had been denied the opportunity to comment as a 21 day consultation period had not been provided.  Reference to the Human Rights Act had been noted and also a comment that the council was pushing on with drawings and was biased. Furthermore the Council was missing things out as it had referenced noise from actual construction activity but failed to mention day to day noise.

 

Committee were advised that a 13 page letter had been submitted from the Chestnuts to the Chief Executive; the Local Member of Parliament and the Council’s Solicitor.  The Solicitor had responded in detail.

 

The resident of The Chestnuts had furthermore submitted photographs requesting they be displayed within the officer presentation:  confirmation was given that copies of the photographs were already within the Ward Councillor’s submission on each member’s placements for consideration at a later stage of the proceedings.

 

Finally in respect of representation received, committee were advised that a 12 sided letter received the previous day from The Chestnuts, addressed to the case officer, stated that it was all a waste of time as the officer had already prepared the recommendation having deliberately missed information off the report including backland development; the affect on the village infrastructure and a loss of privacy along with noting a number of policies the objector felt were contrary to the application.  The objector concluded by complaining no traffic survey had been undertaken.

 

Representation was received in objection to the application which included:

 

Stating he was speaking on behalf of many residents within the village of Old Leake who were all still opposed to the development the objector referred to the deferred decision in April 2016 to enable liaison with the applicant to reduce the number of dwellings from 23 to 21 and noted his concern at the re submission of 22 dwellings.  Noting that officers had stated this was only one more dwelling to the 21 already granted the objector referenced the 4 granted last time for Batemans at the rear of the site which actually made 26 dwellings across the site originally granted 21, if the application was agreed.  Referring to the increase in parking spaces members were asked to note that there were still not enough and the visitor bays would be used by residents and visitors would still end up parking on Church Road.

 

Committee were advised of a recent incident where a child had been seriously injured on Church Road and questioned why a traffic survey had not been undertaken.  The relocation of the Co-Op had not resulted in a loss of parking outside that building and nobody knew what the building would become in the future.  The development would impact on the village and permanently alter the identity of the village.  It would compromise the safety of villagers; impact on health with the current medical centre being too busy to look after the existing population and also impact on school services.  Finally it would make a busy road even more dangerous for both pedestrians and drivers and a traffic survey should be undertaken before the application is finally determined.

 

Representation was received from Waterloo Housing, which included:

 

Waterloo Housing is the largest affordable housing supplier in the area and it had been working with the applicant on this development to allow it to deliver a full affordable housing scheme.

 

On the basis that a planning application for 21 dwellings had already been agreed on the site, Waterloo had secured grant funding to allow construction to begin as soon as permission is given.

 

When developing sites Waterloo always aimed to match the needs of the local communities.  Smaller house types within this development had enabled them to provide 22 dwellings.  Furthermore having listened to the concerns from the first meeting, increased parking provision has been provided which would accommodate the needs of the development with two spaces per dwelling.  The relocation of the Co-Op would also reduce congestion in that area.

 

Members were asked to recognise and it was stressed that the application for consideration was not a reserved matters application.  Should the committee only support the original application for 21 dwellings then it would be more advantageous for the developer to accept that and proceed with that design and type of development: however committee were asked to recognise that should that occur the development would not be affordable housing and there would be no education contribution.

 

The chairman then advised that at this point in the proceedings it would be appropriate for a Ward Member to speak on an application.  Councillor Barrie Pierpoint the Ward Member for this application had been unable to attend the meeting but had submitted both written and photographic evidence which he wished to be considered by the committee prior to their deliberation.

 

The Chairman confirmed all members had a full set of the papers from Councillor Pierpoint and then allowed five minutes ‘read time’ to ensure that all of Councillor Pierpoint representation was fully understood by all committee members.  At the end of the five minutes all members agreed they had read and considered Councillor Pierpoint’s representation in full.

 

It was moved by Councillor Brian Rush that the application be deferred to allow an official traffic survey to be undertaken.  This motion was not seconded.

 

It was moved by Councillor Michael Cooper and seconded by Councillor Jonathan Noble that the application be granted in line with officer recommendation and subject to the conditions therein

 

Vote:     In Favour    10               Against  2               Abstentions 0

 

RESOLVED That the Planning Committee are minded to approve this application subject to conditions and:

 

a)            any permission is not released until the applicants have entered into a section 106 planning obligation with the Council relating to a necessary and directly related financial contribution for education and any necessary clauses in respect of affordable housing, and

 

b)            authority is delegated to the Development Control Manager to approve this application upon satisfactory completion of the planning obligation. If the obligation is not concluded within three months of instructions, the application will be returned to Committee.

 

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

 

§   Site Location plan (1/14)

§   Dwelling Type A-A ref 1420T/15/011d (2a/14)

§   Dwelling Type B-B ref 1420T/15/012e (3a14)

§   Dwelling Type B-A ref 1420T/15/013e (4a/14)

§   Dwelling Type C-C ref 1420T/15/014d (5a/14)

§   Dwelling Type D-D ref 1420T/15/015c (6a/14)

§   Dwelling Type G ref 1420T/15/017d (8a/14)

§   Proposed site layout ref 1420T/15/010m (11a/14)

§   Drainage Strategy Plan  ref 15278: DS SK001 Rev E (12b/14)

§   Proposed sections and boundary details (2) ref 1420T/15/020 (13/14)

§   Proposed dwelling type E-E-E ref 1420T/15/16h (14/14)

 

            and the recommendations contained with the submitted Arboricultural  

method statement undertaken by Andrew Belson - Arboricultural Consultant  dated 7^th September 2015 and the Ecology Report carried out by Scarborough Nixon Associates Limited dated 2^nd September 2015.

 

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

 

3.            No development shall commence above slab level on the dwellings hereby approved until details of all external facing materials proposed to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason:    To ensure that the new buildings are in keeping with the character of the area and to accord with saved Local Plan Policies G1 and H3.

 

4.            The first property shall not be occupied until full details of hard and soft landscaping works have been submitted to and approved in writing by the local planning authority. The details shall include :

 

i.        hard surfacing materials

ii.       minor structures/ planters

iii.      planting schedules (species, sizes, planting densities, maintenance

       proposals)
          

            Reason:    In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily in accordance with saved Local Plan Policies G1, G2 and H3.

 

5.            The approved hard and soft landscaping works shall be implemented in full by the time of the last occupation of the last property or in the case of soft landscaping works, during the next available planting season following the substantial completion of the development.

Reason:  In the interests of visual amenity and in accordance with Section 197 of the 1990 Act which requires Local Planning Authorities to ensure, where appropriate, adequate provision is made for the preservation or planting of trees, and to ensure that the approved scheme is implemented satisfactorily in accordance with saved Local Plan Policies G1, G2 and H3.

 

6.            No development shall take place within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.

 

            Reason:     In order to ensure that satisfactory arrangements are made for the investigation, retrieval and recording of any possible archaeological remains on the site and to accord with the NPPF (2012). The details are required before development commences to avoid any potential destruction of archaeological remains.

 

7.            The development hereby approved shall be carried out in accordance with the approved Flood Risk Assessment and in particular the following mitigation measures:

 

§   Finished floor levels of all dwellings shall be set no lower than 3.00m AOD

§   Flood resilient and resistant construction measures shall be incorporated throughout all dwellings as stated.

 

            The mitigation measures shall be fully implemented prior to occupation.

 

            Reason:     To reduce the risk of flooding to the proposed development and future occupants and to accord with the objectives of the NPPF (2012).

 

8.            Measures to enable the fitting of demountable flood defences to a height of 600mm shall be fitted on all external doorways of all dwellings before the dwellings are occupied and  shall retained in that form thereafter.

 

            Reason:    To reduce the risk of flooding to the proposed development and future occupants and to accord with the objectives of the NPPF (2012)

 

9.            No dwelling shall be built above slab level until a scheme showing the number and location of fire hydrants within the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before occupation of the dwelling houses.

 

            Reason:     To provide adequate water supply for fire fighting purposes, in the interests of safety and to accord with the objectives of Local Plan policy H3.

 

10.         Notwithstanding the submitted details, before any dwellings are commenced, details of a wall/fencing scheme shall be submitted to and approved in writing by the Local Planning Authority. The wall/fencing scheme relating to each dwelling as may be approved shall be implemented before occupation of that dwelling. The wall/fencing scheme shall be designed to minimise overlooking between existing and future residents and avoid third party flooding.

 

            Reason:       In the interests of residential amenity and to avoid third party flooding and to accord with the objectives of Local Plan policies g1 and H3 and the NPPF (2012).

 

11.         The two areas of public amenity open space shown on the submitted layout plan shall be laid out in a manner to be agreed in writing by the local planning authority and made available for use before the 12^th dwelling constructed on the application site is first occupied. This area shall not at any time be incorporated within the curtilage of a dwelling without the express permission of the local planning authority.

                                                  

            Reason:     To provide a satisfactory level of publicly available amenity open space within the development and to accord with Adopted Local Plan Policy H4.

 

12.         Before the occupation of any dwelling, a scheme to provide play equipment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented before any dwelling is occupied.

 

            Reason:   To enable the delivery of play equipment for the future residents and to accord with the objectives of Local Plan policy H4.

 

13.         Before occupation of any of the dwellings along the private drive, the parking area shall be provided with lighting in accordance with details, including the maintenance of the lighting, to be submitted to and agreed in writing by the Local Planning Authority.

 

            Reason:    To provide adequate lighting of the private driveway in the interest of crime prevention and community safety and in accordance with Adopted Local Plan Policy H3.

 

14.         A landscape management plan including management responsibilities and maintenance schedules of the public amenity open and recreation space including play equipment shall be submitted to the Local Planning Authority before the 12th dwelling constructed on the application site is first occupied. The landscape maintenance plan shall be carried out as approved thereafter.

Reason:     To ensure the long term maintenance of the public open space and play equipment, in the interests of the amenity of residents and to accord with the objectives of Local Plan Policy H4.

 

15.         No air source heat pumps shall be installed before completion/occupation of any dwellings unless a background noise assessment has been undertaken and a noise report has been submitted to and approved by the Local Planning Authority. The noise assessment shall include the impact both on future residents of the estate and the occupiers of neighbouring properties. Where appropriate the details of any noise attenuation measures should be specified and the works shall be carried out in accordance with the approved details.

 

            Reason:       In the interests of residential amenity and to accord with the objectives of Local Plan policy G1.

 

16.         All of the dwellings hereby approved shall be provided as affordable housing as defined in the National Planning Policy Framework (including all relevant updates and amendments).

Reason: In accordance with the details of the application in order to ensure the provision of affordable housing and for it to remain so in perpetuity to accord with the applicants' stated intentions and to accord with the objectives of the NPPF (2012).

 

17.         Before each dwelling is occupied the roads and/or footways providing access to that dwelling, for the whole of its frontage, from the existing public highway, shall be constructed to a specification to enable them to be adopted as Highways Maintenable at Public Expense, less the carriageway and footway surface courses.

 

            The carriageway and footway surfaces shall be completed within 3 months from the date upon which the erection is commenced of the penultimate dwelling.

 

            Reason:    To ensure safe access to the site and each dwelling, in the interests of residential amenity, convenience and safety and to accord with the objectives of Local Plan policy G6.

 

18.         No dwelling shall be commenced before the first 50 metres of estate road from its junction with the public highway, including visibility splays as shown on drawing number 1420T/15/010m has been completed.

 

            Reason:      In the interests of safey of the users of the public highway, the safety of the users of the site, to enable calling vehicles to wait clear of the carriageway and to accord with the objectives of Local Plan policy G6.

 

19.         Before any dwelling is commenced, all of that part of the estate road and associated footways that forms the junction  with the main road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details to be submitted to and approved by the Local Planning Authority.

 

            Reason: In the interests of safey of the users of the public highway, the safety of the users of the site and to accord with the objectives of Local Plan policy G6.

 

20.         Prior to any of the buildings being occupied, the arrangements for the surface water drainage shall be completed in accordance with the amended drainage strategy document submitted by BSP Consulting and shown on drawing 15278: DS SK001 rev E.

 

            Reason: To provide satisfactory drainage and to accord with the objectives of Local Plan policy G3.

 

21    Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to the local planning authority for approval. The Construction Management Plan will prescribe construction hours, how the construction of the site will be phased, where site accommodation and welfare facilities will be placed, where site vehicles and the vehicles of site personnel will be parked and where materials will be delivered and stored within the site. Construction of the permitted development shall be undertaken in accordance with the approved Construction Management Plan.

 

Reason:  In the interests of the safety and free passage of the public and to accord with the objectives of Local Plan policies G1 and G6. This is a pre-commencement condition due to the fact that the management of plant, site equipment etc needs to be agree prior to the commencement of any development to ensure that neighbour’s amenity and safety are respected.