Agenda item

Construction of 66no. dwellings including 11 affordable dwellings, new vehicular access and estate road plus associated garages and infrastructure.

 

Land off Sibsey Road / Wainfleet Road  Boston

 

Mrs Alison Lea  Larkfleet Homes

Full Planning Permission

 

Construction of 66 dwellings including 11 affordable dwellings, new vehicular access and estate road plus associated garages and infrastructure

                             

Land off Sibsey Road/Wainfleet Road, Boston, Lincolnshire

 

Mrs Alison Lea, Larkfleet Homes

 

Prior the presentation of the application the Monitoring Officer provided a point of clarification following queries by some committee members in respect of the application and their having determined the previous application on the site.  Committee were advised that the application for consideration was a brand new application and as such, all members were permitted to determine the application provided they were confident they would do so with an open mind.

 

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

 

The first update advised that an additional letter of objection had been received from no. 27 Sibsey Road which reiterated the concerns already noted in respect of highway safety and traffic concerns. 

 

The second update referred members to Condition 8 on Page 43 of the report.  Members were advised that the condition would be amended to include road and play equipment alongside the landscaping.

 

 

 

 

Representation was received in objection to the application which included:

 

Concern was noted at the impact the development would have on existing neighbours; the loss of amenity to neighbouring houses and concern that the community of the development site would not integrate with the existing community around the site. The size of the development was over development of the site; would be out of character to the established area and was against the wishes of local residents:  it was also agricultural land and should be left as that.

Further concerns raised included problems of highway safety at the entrance of the site; increased traffic congestion and concern at the ghost island and also that the pavement width was only 3m wide and according to Regulations should be a minimum of 3.4m wide.

Referencing neighbouring Burton Hall the objector stated that the development would result in a loss of a significant heritage building which had already built a hedge around it to protect it from the development, which has sadly resulted in the loss of sight of the historic building from Sibsey Road.

Concluding the objector noted flooding concerns which would result from an estate type development which would impact onto the neighbouring houses which could also then flood.

 

Representation was received by the applicant which included:

 

Committee were advised that Larkfleet Homes was a proven local housing provider which had won numerous awards in the industry and were part of the Larkfleet Group.

Referring to the original application on the site for 76 homes which despite the extensive discussions held with all parties, had been refused on a single issue of highways objections, the applicant acknowledged that due to such an objection the committee had no option but to refuse it. 

Briefly referencing the appeal decision the applicant clarified the Inspector’s criticism of non-contributions for education or health – stating that no contributions had actually been requested.  Furthermore he noted the Inspector’s agreement that the Manual for Streets was the most appropriate standard to use and not, as Lincolnshire County Council Highways had used, the Manual for Bridges.

Addressing the revised application the applicant confirmed the reduction to 66 dwellings which allowed the area to the east of Burton Hall to be retained predominantly as parkland.  Members were advised that the development would be hardly visible from Wainfleet Road which would preserve the hall setting.  It would be a quality development in a very sustainable location with 40% of the site being open space:  the overall impact on the area being significantly reduced against the first application.  Concluding the applicant asked committee recognise the changes and most importantly the retraction of the objection by Lincolnshire County Council Highways.

 

 

 

 

 

Representation was received from the Parish Council which included:

 

Committee were advised that Fishtoft Parish Council had been left dumbfounded that the Secretary of State only mentioned Burton Hall in the report which had resulted in leaving a massive loophole to let re submission of the application.  The new application with the reduction in housing did not satisfy Fishtoft Parish Council who still had grave concerns in respect of development of the site, especially in respect of the access and egress which was opposite a busy general hospital. 

 

The ghost island could severely restrict emergency vehicle response times.  Members were urged to preserve the beautiful setting of the site which formed part of the entry and exiting of the town and to agree that public safety and human life needed to be above any cost to the Council.

 

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Barrie Pierpoint that the application be refused contrary to officer recommendation as the application contravened policies G1, H3 and CO1.

 

Vote:     In Favour    5                  Against 5                 Abstention 1

 

 

The Chairman’s casting vote was used to determine the motion deciding the motion as follows:

 

Vote:     In Favour    5                  Against 6                 Abstention 1

 

 

 

 

Resolved:  The Motion to refuse the application contrary to officer recommendation fell.

 

 

It was moved by Councillor Stephen Woodliffe and seconded by Councillor Michael Cooper that the application be granted in line with officer recommendation, subject to the conditions and reasons therein and subject to the amendment of Condition 8 in respect of the Landscape Management Plan.

 

Vote:     In Favour    5                  Against 4                 Abstention 2

 

 

RESOLVED:    That the application be granted in line with officer recommendation, subject to the conditions and reasons therein and subject to the amendment of Condition 8.

 

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 scale 1:2500 (1/30)

§   Coach house design sheet Plot 13 ref L00/2225/DS/P13 (2/30)

§   2225 Coach house design sheet ref L00/2225/DS rev A (3/30)

§   2306 Design sheet ref L00/2306/DS Rev A (6/30)

§   2308 House type design sheet – ref L00/2308/DS (7/30)

§   2323 House type – ascot design sheet ref L00/2323/DS (8/30)

§   2324 House type design sheet ref L00/2324/DS (9/30)

§   2326 House type design sheet ref 2326/L00/DS/01 (10/30)

§   2326 House type design sheet ref 2326/L00/DS/02 (11/30)

§   2404 Design sheet ref 2404/L00/DS (12/30)

§   House type 2407 –internal layout ref 01A (13/30)

§   House type 2407 – elevations- ref 02A) (14/30)

§   2410 House type design sheet ref 2410/L00/DS(15/30)

§   2427 Design sheet ref 2427/L00/DS (16/30)

§   2428- Design sheet ref 2428/L00/DS (17/30)

§   2502-Layout plans design sheet ref 2502/L00/DS3 (18/30)

§   2502 Elevation design sheet ref 2502/L00/DS4 (19/30)

§   House type 2507-layout -01 (20/30)

§   House type 2507 02 (21/30)

§   2508- House type design sheet ref 2508/L00/DS/AS Rev A ( 22/30)

§   2509- House type design sheet ref 2509/L00/DS (23/30)

§   Garages double ref L00/GAR/02 (24/30)

§   Garages pair ref L00/GAR/03 (25/30)

§   Garages single ref L00/GAR/01 (26/30)

§   Garages triple ref L00/GAR/04 (27/30)

§   Proposed layout ref PL-01 Rev G (28a/30)

§   Proposed Ghost Island access ref NTW/2223/100-01 REV P7

 

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

 

3.         No dwelling shall commence above slab level until a scheme for the provision of 11 affordable housing units as part of the development shall have been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2: Glossary of National Planning Policy Framework or any future guidance that replaces it.   The scheme shall include:

 

i)   the type, tenure and location on the site of the affordable housing provision

ii) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

iii) the arrangements for the transfer of the affordable housing to an affordable housing provider;

iv) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

v) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

 

       The affordable housing shall be retained in accordance with the approved scheme.

 

       Reason:          To provide affordable housing to accord with the objectives of the National Planning Policy Framework.

 

4.         Operations that involve the destruction and removal of vegetation or buildings (or part of a building) shall not be undertaken during the month of March to August inclusive, except when approved in writing by the local planning authority, once they are satisfied that breeding birds will not be adversely affected.

 

            Reason:          In the interests of nesting and breeding birds and to accord with the Wildlife and Countryside Act and to accord with the objectives of the NPPF (2012).

 

 5.        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 details and discharge rates which, unless agreed otherwise with the surface water receiving body, shall be restricted to 1.4 litres per second per hectare;

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:          This is a pre-start condition to ensure residents of the permitted development, neighbouring residents and neighbouring land 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.

 

6.         No dwelling shall commence above slab level until full details of all landscaping and planting works have been submitted to and approved in writing by the local planning authority. The scheme shall include details of all boundary treatments, hard surface materials, planting schedules (tree and shrub species, size on planting and planting densities) including any existing trees to be retained and removed.

 

            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, H3 and H4.

 

7.         All landscape works shall be carried out in accordance with the approved details during the first available planting season following substantial completion of the development. 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 in accordance with saved Local Plan Policies G1, H3 and H4.

 

8.         A landscape management plan including management responsibilities and maintenance schedules of all areas of public open space, play equipment and roads shall be submitted to the local planning authority for approval before the 10th dwelling constructed on the application site is first occupied. 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.  

 

9.         Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to and approved by the local planning authority. The Construction Management Plan will prescribe how the construction of the site will be phased, where site accommodation and welfare facilities will be placed, 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.

10.      The trees protected by Boston Tree Preservation Order No. 37 (2012) 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). 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 Adopted Local Plan Policy G2.

 

11.      The development hereby approved shall be carried out in accordance with the approved Flood Risk Assessment (NTW/2223/FRA REV A dated August 2014) and in particular the following mitigation measures:

 

§ The finished floor levels of all dwellings shall be set a minimum of 1m above existing ground level

§ Flood resilient and resistant construction techniques shall be incorporated  throughout the development

 

            The mitigation measures shall be fully implemented prior to occupation orsubsequently in accordance with the timing/phasing arrangements embodied within the scheme.

 

            Reason:          To reduce the risk of flooding to the proposed development and future occupants and to accord with the objectives of the NPPF (2012).

 

12.      No development shall commence above slab level on the dwellings hereby approved until details of all external facing materials proposed to be used have been submitted to and approved in writing by the local planning authority. The development shall thereafter 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 saved Local Plan Policies G1 and H3.

 

13.      The first floor rear windows of the flat unit above garages on plot 13 (ref plan  L00/2225/DS/P13 ) shall be fitted with obscured glazing before occupation of this residential unit and shall be retained in this form thereafter.

 

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

 

14.      The areas of public amenity open space shown on the submitted layout plan ref PL-01 Rev G shall be laid out in a manner to be agreed in writing by the local planning authority and made available for use before the 33rd dwelling constructed 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.

 

15.      Before the occupation of any dwelling, a scheme to provide play equipment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented before the 33rddwelling is occupied.

 

            Reason:          To enable the delivery of play equipment for the future residents and to accord with the objectives of Local Plan policy H4.

 

16.      Before occupation of any of the dwellings along the private drive, the drives and parking areas shall be provided with lighting in accordance with details, including the maintenance of the lighting, that have been submitted to and agreed in writing by the Local Planning Authority.

 

            Reason:          To provide adequate lighting of the private driveway in the interest of crime prevention and community safety and in accordance with Adopted Local Plan Policy H3.

 

17.      No part of the development hereby permitted shall be commenced until such time as the Ghost Island Right-turn Lane junction, shown indicatively on drawing numbered NTW/2223/100-01 P7, dated 12 Jan 2017 has been constructed in accordance with details which shall first be submitted to approved by the Local Planning Authority.

 

            Reason:           In the interests of providing safe and suitable access to the permitted development and to accord with the objectives of Local Plan policies G1 and G6.

 

18.      No dwellings shall be commenced before the first 50 metres of estate road from its junction with the public highway, including visibility splays, as shown on drawing number PL-01 Rev G dated 09/01/2017 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 Sibsey Road and to accord with the objectives of Local Plan policies G1 and G6.

 

19.      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 to 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 accord with the objectives of Local Plan policies G1 and G6.