Agenda item

Application Type:        Full Planning Permission

Proposal:                    Demolition of a chandlery, detached house and cottage and reduction in height of boundary walls plus the construction of 23 residential apartments (originally 24) together with ancillary external works including parking provision and the extinguishing of a vehicular access point

 

Site:                             5-7 Witham Bank East, Boston, Lincolnshire, PE21 9JU

 

Applicant:                    Mr Oliver Tookman, Grand Gables Ltd

Proposal:     Demolition of a chandlery, detached house and cottage and reduction in height of boundary walls plus the construction of 23 residential apartments (originally 24) together with ancillary external works including parking provision and the extinguishing of a vehicular access point

 

Site:              5-7 Witham Bank East, Boston, Lincolnshire, PE21 9JU

 

Applicant:    Mr Oliver Tookman, Grand Gables Ltd

 

The Senior Planning Officer presented this application and reported the following communications received after publication of the agenda:

·         A letter from a resident of Lambs Row, objecting to the application on the grounds of visual impact, loss of light, proximity, overshadowing, inaccuracy of the plans and inadequate parking. 

·         The Environment Agency had withdrawn its objections relating to the Flood Risk Assessment subject to conditions 2 and 12, which would be revised in accordance with the amended plan. 

·         The local registered housing providers had confirmed they were not interested in acquiring any of the proposed apartments.

 

Members were advised that there had been in-depth discussions between the agent and the Head of Operations and Operations Manager with respect to waste disposal, resulting in a condition for a waste management strategy to be approved by the Local Planning Authority.  The height of the proposed building was indicated in comparison with the height of the building previously proposed and it was confirmed that the proposed building was of comparable height of other buildings in the wider context. 

 

It was proposed by Councillor Brian Rush and seconded by Councillor Yvonne Stevens that planning permission be granted as recommended. 

 

Vote: 5 for, 3 against, 1 abstention.

 

RESOLVED that planning permission be granted subject to the following conditions:

 

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:

 

§  Location plan ref A1171-01 (1/10)

§  Site layout plan ref A1171-002 Rev A ( 2a/10)

§  First and second floor layout ref A1171-003 Rev A (3a/10)

§  Roof plan ref A1171-004 Rev A (4a/10)

§  Site sections ref A1171-005 Rev A (5a/10)

§  Elevations sheet 1 of 2 ref A1171-006 Rev A (6a/10)

§  Elevations sheet 2 of 2 ref A1171-007 Rev A (7a/10)

§  View points and contextual elevation ref A1171-008 Rev A (8a/10)

§  Eastern boundary wall details ref A1171-10 (10/10)

 

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

 

3.           The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented. The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing:

 

a)   A Phase I desk study carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site. The desk study shall establish a ‘conceptual model’ of the site and identify all plausible pollutant linkages. Furthermore, the assessment shall set objectives for intrusive site investigation works/ Quantitative Risk Assessment (or state if none required). Two full copies of the desk study and a non-technical summary shall be submitted to the LPA.

 

b)   A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use. Two full copies of the site investigation and findings shall be forwarded to the LPA.

 

            Reason: To ensure potential risks arising from previous site uses have been fully assessed and to accord with Local Plan Policy G1.

 

4.           Where the risk assessment (see preceding condition) identifies any unacceptable risk or risks, a detailed remediation strategy to deal with land contamination and/or pollution of controlled waters affecting the site shall be submitted and approved by the LPA. No works, other than investigative works, shall be carried out on the site prior to receipt of written approval of the remediation strategy by the LPA.

 

            Reason: To ensure the proposed remediation plan is appropriate and to accord with Local Plan Policy G1.

 

5.           Remediation of the site shall be carried out in accordance with the approved remediation strategy (see preceding condition). No deviation shall be made from this scheme without the express written agreement of the LPA.

 

            Reason: To ensure site remediation is carried out to the agreed protocol and to accord with Local Plan Policy G1.

 

6.           On completion of remediation, two copies of a closure report shall be submitted to the LPA. The report shall provide validation and certification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the closure report.

 

            Reason: To provide verification that the required remediation has been carried out to the required standards and to accord with Local Plan Policy G

 

7.           If, during development, contamination not previously considered is identified, then the LPA 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 with the LPA.

 

            Reason: To ensure all contamination within the site is dealt with and to accord with Local Plan Policy G1.

 

8.           Before any of the apartments hereby approved are occupied, a waste management strategy shall be submitted to and approved in writing by the Local Planning Authority. The waste management strategy shall include the arrangements  for the storage, collection and disposal  of all domestic waste and the waste management strategy as may be approved shall be implemented before the occupation of any of the apartments and shall be retained in that form thereafter.

 

            Reason: In order to provide a satisfactory environment for the future occupiers of the apartments, in order to preserve the character and appearance of the Conservation Area and to accord with the objectives of Local Plan policy G1.

 

9.           No dwellings shall commence until a surface water management strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the approved surface water strategy. 

 

            Reason: To prevent environmental and amenity problems arising from flooding and to accord with the objectives of Local Plan policies G1 and G3 and the NPPF (2012).

 

10.        No development shall be commenced above ground 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 the new buildings are in keeping with the character of the area and to accord with Adopted Local Plan Policies G1 and H3.

 

11.        Prior to their installation, full details of the position of all service meter boxes, external lighting and plumbing on the external face of the principal elevations of the building hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The details shall be carried out in accordance with the approved plans.

Reason: No details were submitted as part of the application, in the interests of the visual amenity of the Conservation  Area and to accord with Local Plan Policy G1.

 

12.        The development hereby approved shall be carried out in accordance with both the approved Flood Risk Assessment version 1 dated January 2016 carried out by RM Associates and in particular the following mitigation measures:

 

            Finished floor levels of all ground floor living accommodation shall be set no lower than the following levels

 

Block 1 - 4.30m ODN

Block 2 - 4.04m ODN

Block 3 – 3.78m ODN

Block 4 – 3.68m ODN

 

                       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).

 

13.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any re enactment thereof), no satellite dishes shall be installed on the external elevations of the building hereby approved without the formal written approval of the Local Planning Authority.

 

            Reason: In order to preserve the setting of the adjacent listed building, to protect the character of the Boston Conservation Area and to accord with the objectives of Local Plan policy G1 and the NPPF (2012)

 

14.        All bedrooms facing directly onto the adjacant public house car park shall be fitted with acoustic vents before occupation of the apartments and shall be retained in that form thereafter.

 

            Reason: In order to protect the future occupiers of the apartments from any noise disturbance that may be generated by the use of the public house car park and accord with the objectives of Local Plan policy G1.

 

15.        The first apartment 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)

iv. fencing details

        
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.

 

16.        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.

 

17.        Notwithstanding the submitted details and the requirements of condition 16 above, before any building is constructed above slab level, details of a wall/fencing scheme along the north-western boundary shall be submitted to and approved in writing by the Local Planning Authority. The wall/fencing scheme shall be designed to minimise overlooking between existing residents along Lambs Row and the future residents of the apartments hereby approved. The scheme shall be carried out prior to the occupation of any apartment and shall be retained in that form thereafter.

Reason: In the interests of residential amenity and to accord with the objectives of Local Plan policies G1 and H3 and the NPPF (2012).

 

18.        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 be 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).

 

19.        The demolition hereby approved shall not commence until evidence has been provided to the Local Planning Authority that a contract has been entered into for the redevelopment of the site hereby approved.

 

            Reason:  To permit the demolition without such a condition may result in a cleared site where redevelopment does not closely follow demolition and thereby be to the detriment of the appearance of the Conservation Area.  The condition accords with the objectives of the NPPF (2012)

 

            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.