Agenda item

Proposed new residential property (revised description).

Streetway  Wyberton  Boston

Mr Evan Jenkins   Lincolnshire Firewood and Coal

Erection of a two storey dwelling (revised description)

The Plantation  Rowdyke Road  Wyberton  PE21 7AQ

Mr E Jenkins

Presented by the Development Control Manager committee were advised of an update to the report tabled in that the actual application site was not that noted within the report.  A visual presentation confirmed the application site.

The Development Control Manager noted that committee may wish, should it grant the application, to add a further condition which would not allow any permitted development rights on the site.

Committee received representation in support of the application which included:

Confirmation was provided of the history of the application in that it had been under consideration for nearly a year and had been expected to have been approved under delegated powers,  however the case officer involved had left the Council prior to the decision notice being produced. 

The applicant’s architect consequently submitted the application to the planning inspectorate for their decision, based on non determination of the application by the Council.

Subsequently the Development Control Manager, having been made aware of the situation, had liaised with the applicant to try to rectify the situation.  Fortunately as the appeal had not been registered at the Planning Inspectorate, the applicant had been able to withdraw it and return it to the Council.

Committee were asked to note that the essential needs test had been met in relation to the safety:  the site operated on a 24 hour 7 day a week basis and this obviously was not a one person operation.  It was an in-fill plot and not located in open country, but located between two existing houses and was designated as a part of a wood yard itself:  as such it would be used if required, for any of the day to day running of the business.

Members were asked to recognise there had been no letters of objection from neither the public nor the statutory consultees and to recognise the success of the business which had been set up by a local man: 

The applicant had complied fully with all the requests and conditions of the Council. Committee were asked to endorse the officer recommendation in order that the applicant could progress his successful sustainable green business and increase employment in the local economy.

It was moved by Councillor Brain Rush and seconded by Councillor Jonathan Noble that the application be granted in line with officer recommendation and subject to the additional condition which would not allow permitted development of the site:

VOTE:      In Favour    12.        Against   0.        Abstention 0.

RESOLVED:     That the application be granted as per the officer recommendations and subject to the following conditions:

1.              The development hereby permitted shall be begun before the expiration of three years from the date of this approval.

          Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.

2.              The occupation of the dwelling hereby approved shall be limited to an employee of The Lincolnshire Firewood and Coal Company only.

            Reason: This dwelling is sited in an area in which new dwellings other than those in accordance with a demonstrated agricultural or other need would not normally be granted and in this instance the local planning authority considers that an approval here would constitute special circumstances in accordance with paragraph 55 of the NPPF.

3.              The development hereby permitted shall be carried out in accordance with the following approved plans received 22 January and 20 June 2016:

§   Location Plan PL-001(as amended)

§   Block Plan PL-002

§   Design and Access  Statement of Misura dated Januray 2016

§   Proposed New Dwelling Scale 1:50 and 1:100 details

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

4.        No development shall take place above finished floor level until details of   

   the materials proposed to be used in the construction of the external  

           surfaces have been submitted to and approved in writing by the local                  

           planning authority. The development shall be carried out in accordance with        

           the approved details.

            Reason: To ensure that details are available of the proposed external

           materials and that the new building is in keeping with the character of the  

           area and to accord with saved Local Plan Policy G1.

5.           Notwithstanding the approved Proposed New Dwelling drawings at scales 1:50 and 1:100 finished floor levels of the approved dwelling shall be set at no lower than 1.2m above existing ground level.

Reason:     In order to protect the future occupants of the dwelling from the risk of flooding.

6.           The dwelling hereby approved shall not be first occupied until brackets for demountable defences have been provided to all openings in accordance with the approved drawings.

Reason:     In order to protect the future occupants of the dwelling from the risk of flooding.

7.           Notwithstanding the provisions of Class L Part 3 to Schedule 2 of the Town and Country Planning (General Permitted Development)(England) Order 2015 the dwelling hereby approved shall be used only as a use within Class C3 of the Town and Country Planning (Use Classes) Order 1987 (dwellinghouse) by a single household and not for any purposes within Class C4 of the 1987 Order ( a House in Multiple Occupation).

Reason:     In accordance with the details of the application and to prevent a change of use in the open countryside where the demonstration of the essential need is for a single rural workers' dwelling only.

8.           No development shall commence until details of the accesses to the site and their method of construction, since it will entail crossing of a watercourse, have been submitted to and approved by the local planning authority.

Reason:     This is a pre commencement condition since the nature and location of the accesses requires particular treatment and design to protect the integrity of both the highway and the watercourse in accordance with saved Local Plan Policy G6.