Agenda item

Construction of 17 affordable dwellings (previously 25 affordable dwellings) plus associated infrastructure.

 

Land at Riverside  Boston  Lincolnshire

 

Mrs Rebecca Archer  Chestnut Homes Ltd

 

 

Full Planning Permission

 

Construction of 17no. affordable dwellings (previously 25 affordable dwellings) and associated infrastructure.

 

Land at Riverside  Boston

 

Mrs Rebecca Archer  Chestnut Homes Ltd

 

The Senior Planning Officer presented the report to the committee and confirmed 2 updates to the report tabled.

 

The first update related to submissions of representation and committee were advised that a further four letters of objection had been received:  this made a total of 11 letters received in objection to both the original and amended schemes.

 

The four additional letters received after issue of the agenda were from numbers 74, 78, 78a and 80 Tattershall Road and cited a variety of objections including loss of amenity; flood risk issues and the impact on wildlife and the loss of trees.   A request had been received that the committee undertake an official site visit prior to determining the application as residents felt that the development would have a significant impact on the character of the area; would cause significant noise and disturbance and was contrary to both national and local planning policies.

 

The second updated related to consultation and committee were advised that Lincolnshire County Council Highways; the local housing provider and the Canal and River Trust, along with the NHS, had all tabled no objection to the development.

 

 

Representation was received in objection to the application which included:

 

Although he accepted the need for affordable housing the objector had several factors of objection.  Having lived in the area for 38 years, the objector took issue with the impact statement and felt it of little value in respect of the comments relating to no lack of loss of wildlife:  committee were advised that a variety of birds including Green Woodpeckers, Jays’ and Magpies used the site, along with Deer, Fox, Badgers and Hedgehogs.

 

A further cause of objection noted a loss of privacy to the objecting residents: their gardens would be clearly visible from the Riverbank resulting in a serious lack of amenity and also potential loss of security to their homes due to the lack of landscaping.

 

Recognising the need for flood risk conditions, concern was noted that whist the houses were only 2 storey the ridge height would be 30ft, towering to a possible 36ft taking into account the 2 metre slab.  Citing the established 4 storey block already built, members were advised it was a monsterous intrusion when the trees were bare:  objectors homes would be subject to a similar intrusion once the houses were built as they would be on the skyline.

 

Traffic concerns were noted with the probable addition of a further 17 vehicles on the site which would exacerbate existing traffic problems at Sluice Bridge; along Tattershall Road and off Witham Town under the bridge.

 

The objector felt that a more appropriate site for the development would be the land next to Lambs Row which was not only a Brownfield site, but was already derelict and larger:  as such it would provide the developer with the option to build a larger number of houses.

Committee were asked to defer any decision to permit an official site visit t take place prior to deciding the application.

 

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

 

Confirmation was provided that the Riverside Housing project had commenced in 2011 and had provided 140 properties offering a mix of affordable & market houses.   The development had regenerated the Witham Town area of Boston and had created a stunning backdrop from both the river and cycle way:  it had also provided housing with some of the best views in Boston.   The site had no statutory basis as a wildlife site and committee were assured that a significant portion of the land would be retained for wildlife.

 

The constrained site under consideration was an unkempt and under used parcel of land which would provide 100% affordable housing and would round off the Riverside frontage scheme.   The applicant had worked hard with planning officers to address and overcome the objections by neighbouring residents in respect of loss of amenity.  There was over 50 metres between any of the proposed new dwellings and the established housing:  the new site was also further away from the objectors’ homes and a lot lower in height, than the 4 storey block already built.

 

Significant changes included a reduction in the number of units from 24 down to 17 which in turn would result in a reduction in vehicles: a reduction in height to 2 story dwellings and not 3 storey and finally by locating all the dwellings at one end of the site in would permit a stronger landscaping belt adjacent to the rear gardens of the objectors.  Substantial landscaping would reduce impact on the rear gardens.

 

Committee were asked to recognise the applicant’s opinion that the development did provided an appropriate balance between beneficial viable housing use and the need to protect existing resident amenity.  It would provide much needed affordable housing to the Borough which was a key priority to the Council.

 

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

 

Vote:       In Favour 11.        Against. 0.       Abstentions 1.

 

RESOLVED:             That the Planning Committee resolve that they are Minded to Approve this application subject to conditions and authority is delegated to the Development Control Manager to grant after the expiration of the extra consultation period (10 February 2017), unless new matters not already addressed are raised.

 

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 layout ref RWB/01 Rev D (1b/8)

§   Location Plan ref RWB/02 (2/8)

§   Plots 1-5 Floor plans ref RWB/21 (4/8)

§   Plots 1-5 elevations ref RWB/22 (5/8)

§   Plots 6-17 elevations ref RWB/24 (6/8)

§   Plots 6-17 Floor layouts ref RWB/23 (7/8)

§   Wall and fencing details- detail 6 Rev I (8/8)

 

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

 

3.               All of the dwellings hereby approved shall be provided as affordable housing as defined in the National Planning Policty 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.

 

 

4.               Where the risk assessment 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 G1.

 

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.               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.

 

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, in the interests of residential amenity, convenience and safety and to accord with the objectives of Local Plan policy G6

 

10.      No development shall take place until a surface water drainage scheme for the site 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 details and discharge rates which shall be restricted to 5 litres per second;

 

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

 

d) Provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

 

The development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.

 

Reason:          to ensure residents of the permitted development and adjacent properties are not adversely affected, by reason of flooding, by the construction of the permitted development and to accord with the objectives of Local Plan policy G3.

 

11     The development hereby approved shall be carried out in accordance with the approved Flood Risk Assessment (Revision P1 dated 17^th June 2016) and in particular the following mitigation measures detailed within the FRA:

 

§  Finished floor levels shall be set no lower than 4.8m AOD

§  The dwellings shall be a minimum of two storey

§  Flood resistant and resilient construction measures shall be incorporated throughout the development as stated within the FRA

 

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 NPPF (2012).

 

 

 

12.      In addition to the recommendations contained within the submitted extended phase 1 habitat survey and Japanese Knotweed Survey report, before any dwellings are constructed above slab levels details of additional measures to enhance biodiversity on the site shall be submitted to and approved in writing by the Local Planning Authority. These details shall include the design, location and timing of habitat enhancement as may be approved and such works shall be carried out as approved before occupation of the dwellings or in accordance with the timing arrangements contained within the scheme.

 

            Reason:          In the interests of the enhancement of biodiversity and to accord with the objectives of the NPPF.

 

13.      Prior to the first occupation of any dwellings, details of the design and appearance of the demountable bollards to be installed in the locations shown on plan RWB/01 Rev D shall be submitted to and approved in writing by the Local Planning Authority together with a timetable for their installation. The bollards shall be installed in accordance with the approved details and timetable and shall be retained thereafter.

 

            Reason:          In the interests of minimising the risk of vehicles entering the adjacent River Witham and adversely affecting the waterway infrastructure or the safety of waterway users. This condition accords with the NPPF (2012).

 

14.      Prior to the first occupation of any dwellings, a detailed external lighting scheme showing the type of lighting appliances to be used, their location, degree of illumination height and management shall be submitted to and approved in writing by the Local Planning Authority. All external lighting shall be installed before any occupation in accordance with the approved details and shall be retained thereafter.

 

            Reason:          In the interests of crime prevention and in order to minimise any adverse impacts arising from unnecessary glare or light spillage on local wildlife and the character of the area. This condition accords with the objectives of Local Plan policies G1 and G10.

 

15.      No dwellings on plots 1-5 shall be occupied until the new 1.8m high fence along the rear boundaries of these dwellings as shown on plan RWB/01 rev D has been erected. The 1.8m high fence shall remain in place and retained in that form thereafter.

 

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

 

16.    No development shall commence until a foul water 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 foul water strategy.

 

           Reason:           In the interests of satisfactory drainage and to accord with the objectives of Local Plan policy G3 and the NPPF (2012).

 

 

17.      No development shall take place until full details of hard and soft landscaping works have been submitted to and approved in writing by the local planning authority, these works shall be carried out entirely in accordance with the approved details.  The scheme shall include

 

a)              boundary treatment

b)              hard surface materials

c)               minor structures

d)              planting schedules (species, sizes densities)

e)              existing trees to be retained/removed

 

            Reason:           This is a pre-commencement condition because the landscaping scheme, in terms of biodiversity enhancement and to protect residential amenity is essential to the delivery of a quality and acceptable scheme. This condition is also 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 G1and H3.

 

18.      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.

 

            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 Policies G1 and H3.

 

19.      A landscape management plan including management responsibilities and maintenance schedules, including the area reserved as a wildlife habitat as shown the submitted layout plan 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 policies H3 and G1.

 

20.     The area reserved for wildlife habitat located at the north western end of the site and along the rear boundary of the site shared with properties which front onto Tattershall Road Boston shall be retained as a wildlife habitat and shall not be used as a public open space or incorporated within an garden areas which form part of this development.

 

            Reason:          In the interests of biodiversity and to accord with the objectives of the NPPF (2012).

 

21.      Notwithstanding the submitted details, before any dwelling is built above slab level measures to enhance biodiversity on the site shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out as approved.

 

Reason:          In the interests of biodiversity and to accord with the objectives of the NPPF (2012).

 

 

 

It is noted that Councillor Brian Rush returned to the meeting at this point in the proceedings.

 

Committee adjourned at 1535 hours and reconvend at 1545 hour.