Agenda item

Application Type:     Outline Planning Permission

 

Proposal:                   Outline application with some matters reserved for later approval (consideration given to access only) for the demolition of outbuildings and the construction of 14no dwellings

 

Site:                            Yew Lodge, Wigtoft Road, Sutterton, Boston, Lincolnshire, PE20 2EE

 

Applicant:                  Mr Dan Sullivan

Proposal:     Outline application with some matters reserved for later approval (consideration given to access only) for the demolition of outbuildings and the construction of 14no dwellings

 

Site:              Yew Lodge, Wigtoft Road, Sutterton, Boston, Lincolnshire, PE20 2EE

 

Applicant:    Mr Dan Sullivan

 

[Councillor David Brown left the room for the entire consideration of this application.]

 

The Development Control Manager presented this application, stating that it was, effectively, a resubmission and that only the matter of the access was before the Committee for consideration.  It was recommended that, should the Committee be minded to approve it, an additional condition be attached to permission that no more than 14 dwellings be constructed.

 

An additional communication had been received, from the resident of Acacia House on Rainwall’s Lane, who was mainly concerned about the additional strain of surface water drainage and that a full evaluation of it should take place before development. 

 

The Committee then received representations from members of the public as follows.

 

Mr J Maltby spoke in objection to the application, citing the objections of the parish council, which were that the site was outside the village envelope; traffic issues; the effect on the street scene of the buildings to be demolished; lack of amenities and public transport and the lack of sustainability in terms of services, in particular the doctors’ surgery and the school, which had no room to expand even with a contribution from the developer.  This was not the preferred location for development; there were other safe sites in the village.  The site was designated as countryside and development would damage the character of the area.  If approved, the development should be restricted to bungalows in order to fit with existing bungalows.  Mr Maltby also referred to the lack of discussion of the riparian drain; the lack of a management plan for the pond on the site; the lack of consideration of light and noise pollution and the existence of two petitions relating to the lack of amenities. 

 

Mr R Lowe, the applicant’s agent, said that this was a repeat application that was exactly the same as the previous one, which had been revised to reduce the number of proposed dwellings to 14, except that it now came with a Section 106 Agreement for an education contribution of £22,500.  The objections raised were the same as those raised with respect to the previous application and the justification remained the same.  The decision to refuse the previous application had been appealed and had been dismissed purely on the grounds of the lack of an education contribution and this was now in place.  The application was outline only, with design and siting matters to come later.  However, it would cause difficulties to restrict dwellings to bungalows due to flood risk.  With respect to the concern raised by the resident of Acacia House, a full surface water survey was included in the application.  In conclusion, Mr Lowe stated that if the application was refused, the applicant would be likely to appeal and would look for costs.

 

During debate, the Development Control Manager advised Members that the appeal decision on the previous application was a significant material consideration and that if there were no changes of circumstances since that application it was very difficult to take a different line to the Inspector, for example on highway safety grounds, unless there was evidence to do so. 

 

The Monitoring Officer advised Members that the emerging Local Plan had not gone out for consultation yet and that, currently, only limited weight could be attached to it.  This was a new application and the site visit made with respect to the previous application was irrelevant. 

 

With respect to the pond on the application site, the Development Control Manager advised Members that the final detail of the surface water scheme was not before them and the Internal Drainage Board would consider it when it was available.  It was possible that the existing pond  could be used as an attenuation pond, though an alternative might have to be found.  Attenuation ponds were not normally fenced-off.  The management of the surface water scheme was covered by proposed condition. 

 

It was proposed by Councillor Stephen Woodliffe and seconded by Councillor Yvonne Stevens that planning permission be granted as recommended with the additional condition to restrict the number of dwellings to 14.

 

Vote: 7 for, 2 against.

 

RESOLVED that Planning Permission be GRANTED 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 financial contribution for education of £22,552 towards the provision of 2 Primary School places at Sutterton Primary School, and;

 

b)   the provision of 3 affordable dwellings; and

 

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.

 

Conditions And Reasons

 

1.         No development shall commence until details of the appearance, landscaping, layout and scale of the development (hereafter referred to as the ‘reserved maters’) have been submitted to and approved by the local planning authority. 

Reason: Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990. This is an outline application only and such details must be approved before development commences, and to accord with the objectives of Local Plan Policies G1 and H3 and with the intentions of the NPPF (2012).

 

2.         Application for approval of reserved matters shall be made to the local planning authority not later than the expiration of three years from the date of this permission.

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

 

3.         The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to to be approved.

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

 

4.         The development hereby permitted shall be carried out in accordance with the application received 12 August 2016 and in accordance with the associated plan referenced:

 

§    Drawing Ref: 01 ‘Site Plan’ 1:1250 (1/8)

 

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

 

5.         Notwithstanding the conclusions of the submitted Flood Risk Assessment (FRA) undertaken by RM Associates (Version 2, dated September 2016) the finished floor levels shall be set at 3.3mODN. and in particular the following mitigiation measures.  Flood resilient construction shall be incorporated throughout the development as stated.

 

Reason: To reduce the risk of flooding to the proposed development and future occupiers.

 

6.         No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development has been submitted to and approved in writing by the Local Planning Authority.

 

            The scheme shall;

 

a)    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;

b)    provide attenuation and discharge rates which, unless otherwise agreed with the surface water receiving body, shall be restricted to 1.4 litres per second per hectare;

c)     Provide details of the timetable for any phasing of implementation for the drainage scheme;  and,

d)    provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

           
Reason: In accordance with the details of the application and this is a pre-commencement condition  in order to ensure for the satisfactory, sustainable drainage of the site, to ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety amenity and convenience of the residents of this site and vicinity and to accord with Adopted Local Plan Policies G1 and G6.

 

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

 

            The carriageway and footway surface courses shall be completed within three months from the date upon which the erection is commenced of the pernultimate dwelling.

 

            Reason: To ensure safe access to the site and each dwelling in the interests of residential amenity, convenience and safety.

 

8.         No dwelling shall be occupied before the first 50 metres of estate road from its junction with the public highway, including visibility splays, as shown on the site access drawing no. 14014/16 dated July 2015 has been completed.

 

            Reason:  In the interests of safety of the users of the public highway and the safety of the users of the site and to enable calling vehicles to wait clear of the carriageway  of Wigtoft Road.

 

9.         The development hereby permitted shall be carried out in accordance with the mitigation measures detailed within the Ecology and Protected Species Survey (July 2015).

 

            Reason: In the interest of promoting biodiversity within the site and to ensure that protected species and their habitats are not disturbed during development.

 

10.       No more than fourteen dwellings shall be erected on the site.

 

            Reason: To define the permission and to accord with Adopted plan policy G1.

 

In determining this application the authority has taken account of the guidance in paras 186 – 187 of the NPPF (2012) in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.

 

[Councillor David Brown returned to the room at this point.]