Agenda item

Application for the approval of reserved matters for the construction of 26 dwellings including access, appearance, layout, landscaping and sale following the grant of outline permission for residential development ref B 15 0456 plus the discharge of conditions 4 (affordable housing), 5 (biodiversity), 8 (surface water drainage) and 10 (highway improvement works) attached to B 15 0456.

 

Land adjacent to London Road / Drainside South  Kirton  Boston  Lincolnshire

 

Richard Reed (Builders) Ltd

Approval of Reserved Matters

 

Application for the approval of reserved matters for the construction of 26 dwellings including access, appearance, layout, landscaping and scale following the grant of outline planning permission for residential development ref B 15 0456 plus the discharge of conditions 5 (biodiversity), 9 (fire hydrant) and 10 (highway improvement works) attached to B 14 0456 and partial discharge of condition 4 (affordable housing).

 

Land adjacent to London Road / Drainside South  Kirton  Boston

 

Richard Reed (Builders) Ltd

 

The Senior Planning Officer presented the report and advised members of two updates to the report tabled. 

 

Referencing the first update members were advised that the addendum tabled in respect of affordable housing should be taken into consideration during their deliberation and decision making of the application consideration.

 

Committee were then directed to point 7.31 on page 22 of the agenda and advised that the applicant had submitted requested additional information as construction costs had increased by 15% due to problems in respect of surface water disposal that had not been identified at outline stage.

 

To overcome the additional costs, changes had been made to the layout which had resulted in a less developable area and a larger open space provision which was above policy requirements:  the extension of the open space had resulted in a need to import more soil to meet flood risk requirements.

 

The local housing authority had been consulted on this and responded and said that although the reasons given began to make a case to consider a reduction in level of affordable housing contributions, it fell far short of substantiating it.  Consequently they requested that the applicant produce a viability assessment in order to establish a viable level of contribution.  Members were asked to take this information in consideration during their deliberation.

 

Representation was received from the applicant’s agent which included:

 

Following the initial granting of the outline permission a considerable amount of time had been spent by the applicant discussing the best number of dwellings the site should accommodate.  The discussions had been influenced to a great extent by the concerns raised by the committee members following the increase in numbers from the original submission of 16 up to 45 in the last application.

 

Members were asked to recognise that when the original outline had been granted the affordable housing allocation had been at 30% which the applicant had complied with:  the interim affordable housing allocation agreed by the committee had been reduced to 15% and again the applicant was compliant with this in this application.   26 houses were proposed, 10 more than the original plan and 19 less than under the recently approved application.  Of the 26 houses now proposed 4 would be affordable homes equating to 15% in accordance with the interim plan.

 

The development would be a low density scheme which would compliment the area:  the build materials would be compatible to others in the vicinity and once completed would provide a landmark development when entering the village of Kirton.

 

New hedge planting would be sympathetic to the development and having worked with the ecologists, the applicant would be providing both bat and bird boxes around the site.   Concerns noted in respect of the footway during the previous meeting had been addressed:  it would run along the northern side of Drainside with the footpath now running through the site and not along London Road as original planned.  Vehicle access would remain as outline with condition 10 in the Officer recommendation addressing issues in respect of crossing and the triangle at the entrance to Drainside.

 

 

It was moved by Councillor Brian Rush and seconded by Councillor Sue Ransome that the application be granted in line with officer recommendation and the conditions therein.

 

Vote:       In Favour 10.        Against. 2.       Abstentions 0.

 

 

 

 

RESOLVED:    That the committee having taken into consideration:

 

1. The Addendum and,
2. The Local Housing Authority’s request that the applicant produce a viability assessment

 

resolve that the application be granted in line with officer recommendation and subject to the following conditions and that it discharges conditions 5,9 and 10 of outline planning permission B15 0457.

 

1.               The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

 

§   Location Plan ref 1170-02-LP01 (1/16)

§   Sketch proposed house type 1 ref 1170-2-SK-01 Rev B (2/16)

§   Sketch proposed house type 2 ref 1170-2-SK-02 Rev C (3/16)

§   Sketch proposed house type 4 ref 1170-2-SK-04 Rev C (4/16)

§   Sketch proposed house type 6 ref 1170-2-SK-06 Rev C (5/16)

§   Sketch proposed house type 7 ref 1170-2-SK-07 Rev B (6/16)

§   Sketch proposed house type 8 ref 1170-2-SK-08 Rev A (7/16)

§   Sketch proposed house type 9 ref 1170-2-SK-09 Rev A (8/16)

§   Sketch proposed house type 10 ref 1170-2-SK-10 Rev A (9/16)

§   Sketch proposed house type 11 ref 1170-2-SK-11 Rev A (10/16)

§   Sketch proposed garage (single and double) ref 1170-2-SK-12   (11/16)

§   Proposed site layout ref 1170-02-SL01 Rev I (12/16)

§   Drainage strategy plan ref 8881-107-1 (13/16)

§   Road and footway improvement works ref 8881-122 (14/16)

§   Drainage areas ref 8881-109 (15/16)

§   Site layout ref 8881-101 Rev A (16/16)

§   Brick and tile specification

§   Proposed landscaping and boundary treatment plan ref 1170-02-SL02 rev A.

 

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

 

2.         The trees subject to the Kirton, Sutterton and Algarkirk Tree Preservation Order No 1 shall be protected during construction work by chestnut pale fencing or similar fencing 1.5 metres in height erected around the tree(s) at a distance from the trunk(s) equal to the spread of the crown(s) of the tree(s) or in accordance with the root protection areas as shown on plan no. ref 1170-02-SL01 Rev I. The fence shall be retained until all construction works have been completed. Within the protected area no alteration to the ground level shall take place, no additional water shall be allowed to flow in, no vehicles shall be allowed to pass, no materials shall be stored, no waste tipped, no fires lit, no pruning of branches shall take place, no services shall be routed without the written permission of the local planning authority.

 

Reason:     To protect the trees during construction work and to accord with the objectives of the NPPF (2012)

 

 

3.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any amendment or successor), no extensions or outbuildings shall be built underneath the canopies of the trees on this site subject to the Kirton, Sutterton and Algarkirk Tree Preservation Order No 1 without the prior approval of the Local Planning Authority

 

Reason:           To protect the health and stability of the protected trees and to accord with the objectives of the NPPF (2012)

 

4.         All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of any building or completion of development whichever is the sooner. Any trees, plants, grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the first available planting season with others of similar size species or quality.

           

            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.  The condition accords with Adopted Local Plan Policy G1

 

5.         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 how the construction of the site will be phased, where site accommodation and welfare facilities will be placed, hours of working, 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 agreed prior to the commencement of any development to ensure that neighbour’s amenity and safety are respected

 

6.         The proposed area of public open space in the north east corner of the site as shown on approved plan 1170-02-SL01 Rev I shall be laid out in a manner to be submitted to and agreed in writing by the Local Planning Authority and shall be  made available for use before the 13th dwelling constucted on the application site is first occupied.

 

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

 

 

 

 7.        A landscape management plan including management responsibilities and maintenance schedules of the public open space and play equipment if applicable shall be submitted to the local planning authority before the occupation of any dwelling. 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.

 

8.         Prior to the occupation of any dwelling hereby permitted, the footway improvement works on the south side of London Road, shown indicatively on the submitted drawing numbered 8881-122 dated Nov. 2016, shall be completed in accordance with those details.

 

            Reason:          In the interests of providing safe and adequate means of pedestrian access to the permitted development and to accord with the objectives of Local Plan policy G6.

 

9.         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 Highways 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 penultimate dwelling.

 

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

 

10.       No dwellings shall be commenced before the first 60 metres of estate road from its junction with the public highway, including visibility splays has been completed to binder course level.

 

            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 site vehicles and material delivery vehicles to wait clear of the carriageway of London Road and to accotd with the objectives of Local Plan policy G6.

 

11.       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 and approved by the local planning authority.

 

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

 

 

 

12.       Before any dwelling is commenced a scheme to provide play equipment shall be submitted and approved in writing by the Local Planning Authority. The scheme as may be approved shall be implemented before occupation of the 13^th dwelling on the site.

 

            Reason:          In the interests of the amenity and well being of the occupants of the development and to accord with the objectives of Local Plan Policy H3.

 

 

It is recorded that Councillor David Brown rejoined the meeting at this point in the proceedings.

 

It is recorded that Councillor Maureen Dennis felt prejudiced in taking part in planning application B 16 0385 by virtue of her membership of an organisation that utilised a building on the site.  Councillor Dennis absented herself from the meeting and took no part in the deliberation or decision making.