Agenda item

Outline planning application for the demolition of the former scrap yard buildings and disused farm buildings and the erection of up to 180 dwellings, ancillary public open space, landscaping, drainage and access (all matters reserved)

 

Land east of Lindis Road (inc. former Shooters Yard)  Fishtoft  Boston

 

Andrew Burling

Outline Planning Permission

 

Outline planning application with all matters (scale, layout, access, landscaping and appearance) reserved for the demolition of the former scrap yard buildings and disused farm buildings and the erection of up to 180 dwellings, ancillary public open space/play area and swales

 

Land east of Lindis Road (inc former Shooters Yard), Fishtoft, Boston

 

The Senior Planning Officer presented the report and advised member of one update to the report tabled in that Condition 9 would be amended to read 0800 hours and not 0830 as within the condition.

 

Representation was received in objection to the application which included:

 

Committee were asked to undertake a site visit in order to see the residents concerns and opinion that the development would impact on the area.

Whilst the initial development had been for 224 dwellings and now reduced to 180,  of which 100 would be build within the first five years, the size of the development would still possibly create an additional 200 vehicles movements a day and be subject to over 300 wheelie bins.

Further concerns included the fear of overlooking by 3 storey properties onto existing neighbouring houses.  Referring to foundation design the committee were advised that a continuous thumping during construction could result in cases of reported cracking in homes.  The approach onto the site from Lindis Road was not suitable for lorries and could create dangers for pedestrians using Lindis Road. Concern was stressed at the impact on the junction of Lindis Road, Eastwood Road, Woodville Road and Freiston Road which was already over laden at peak times and in particular when turning right onto Freiston Road which was nearly a blind turn.  

The comment that pedestrians could use a Zebra Crossing on Freiston Road was queried as the objector advised there was no pedestrian crossing on Freiston Road.  Committee were asked to agree that all the supermarkets were on the other side of town; most of the doctors’ surgeries were on the other side and as such walking and cycling to amenities would not happen. Concluding committee were advised that the Wildlife assessment was out of date and more importantly the site did flood.

 

 

Representation was received on behalf of the applicant which included:

 

Advising that Cyden were a Lincolnshire based company who were recognised for their aware winning quality and had successful developments across the County.  They had a track record for working with the community and pre application engagement had been well publicised with a drop in session held well in advance for the application being considered. 

 

 

 

Following the drop in session the applicant had amended the initial plans to address the issues which had arisen and throughout the whole application process an open and honest dialogue had been maintained with the officers.

Committee were reminded that there were no statutory objections to the application, which underlined the robust in-depth professional assessments across all areas that the applicant had produced.

Furthermore members were reminded that a portion of the site still had an extant permission on it for a Scarp Yard and as such if that were in operation, that would significantly impact on the residents.  Reminding members that the whole site had been identified as an allocation in the emerging SELLP which had initially identified a higher density of housing  on the site, the applicant had identified the need to reduce the number of dwellings to allow the development to be in keeping with the surrounding area.   Reassurance was provided that the applicant would further engage with residents prior to reserved matters stage.

 

 

Representation was received on behalf of the Parish Council which included:

 

A major concern of the Parish Council was the significant increase in traffic the development would create. Residents already struggled at peak time with ‘Junction 9’ which was continually busy and the right turn from Lindis Road onto Freiston Road was very dangerous. The Parish Council questioned the traffic assessment carried out in 2016:  a resident carried out a comparative assessment recently over the same period at the same times of the day and their figures proved to be 50% higher than the ones identified in 2016.

One suggestion the Parish Council had to alleviate the dangerous problems that would arise at Junction 9, was to use the current footpath which ran from the site direct onto Eastwood Road as a one way exit out of the site direct onto Eastwood Road:  it would, the Parish Council felt be a very easy way to reduce the volume of traffic exiting the site onto Lindis Road and queuing to Junction 9 to turn left onto Eastwood Road.

Concluding the representation the Parish Council asked that if granted, then they supported Condition 7 and also requested that two further items be taken to reserved matters for agreement:  the first was the egress of the site direct onto Eastwood Road and the second that a further (current) traffic assessment be carried out on Lindis Road as peak times and not during any holiday periods.

 

It was moved by Councillor Alison Austin and seconded by Councillor Michael Brookes that the committee having taken into consideration the petition submitted and subject to the satisfactory completion of the s106 Planning Obligation, grant the application in line with officer recommendation, subject to the conditions and reasons therein and, subject to the removal of condition 8; the amendment to condition 7 to read 0800 hours instead of 0830 hours and that the applicant provide a construction plan ahead of any start of works and that the development be subject to a maximum of 180 dwellings and that all reserved matters to be bought back to committee for final determination.

 

 

 

Vote:      In Favour   11.            Against:   0          Abstention:   0

 

RESOLVED:   that the committee having taken into consideration the petition submitted and subject to the satisfactory completion of the s106 Planning Obligation, delegate authority to the Development Control Manager to grant the application in line with officer recommendation, subject to the conditions and reasons therein and, subject to the removal of condition 8; the amendment to condition 7 to read 0800 hours instead of 0830 hours and that the applicant provide a construction plan ahead of any start of works and that the development be subject to a maximum of 180 dwellings. All reserved matters to be bought back to committee for final determination.

 

 

1.               No development shall commence until details of access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) have been submitted to and approved in writing by the local planning authority.

            

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

 

2.               Application for approval of all reserved matters shall be made not later than three years beginning with 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 must be begun not later than the expiration of two years from the final approval of reserved matters, or in the case of the approval of reserved matters on different dates, the final approval of the last such matter to be approved.

 

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

 

4.               If the submission of reserved matters is to be phased, a phasing plan defining the area for each reserved matters application shall be submitted alongside the first reserved matters application. Further reserved matters applications shall be made in accordance with this phasing plan.

 

Reason:           The application is in outline form only and to comply with Section 92 of the Town and Country Planning Act 1990.

 

5.               The application hereby approved shall relate to no more than 180 dwellings.

 

Reason:           To define this permission in the interests of the amenities of the area and taking account of saved Local Pan Policy G1.

 

 

 

6.               Prior to the commencement of the development hereby permitted, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority. Development shall than be carried out in accordance with the approved CEMP. The CEMP shall include, though not necessarily be restricted to the following details;

 

a)     A Traffic Management Plan incorporating the routing of construction traffic and details of heavy vehicle movements patterns (including earliest and latest times and the suspension of trips during peak traffic times along Lindis Rd/Eastwood Rd;

b)     Measures to avoid disturbance to nesting birds and other wildlife;

c)     Measures to minimise and control noise, vibration, dust and fumes during the site

d)     Details of the on – site parking facilities of all vehicles of site operatives and visitors;

e)     The unloading and loading arrangements for heavy plant and machinery;

f)      The location, extent and duration of any stockpiling area;

g)      A Tree protection plan and measures to protect tres identified for retention during the construction which shall be in accordance with BS5837 Trees in Relation to Construction;

h)     Measures to prevent mud being depositied on the surrounding highway;

i)       A programme of implementation for items (a) – (h) above.

 

Reason:           To minimise the impact of the impact of the development during the construction and to accord with saved Policy G1 of the adopted Boston Local Plan.

 

7.               No construction activities shall take place outside the hours of 08:00 to 18:30 Mondays to Fridays and on Saturdays outside the hours of 09:00 and 14:00 hours and not at anytime on Sundays/Public/Bank Holidays.

 

Reason:           To minimise the impact of the development during the construction and to accord with saved Policy G1 of the adopted Boston Local Plan.

 

8.               No development including demolition shall, take place until a further bat survey has been carried and a report of its findings submitted to and approved in writing by the Local Planning Authority. The report shall include, where apropriate whether the presence of bats/bat roots are established within the apploication site annd recommend measures to safeguard  the protected species. Such measures should be carried out in accordance with a programme to be incorporated in the report and agreed in writing with the Local Planning Authority.

 

Reason:           This is a pre-commencement conditionto accord with the interests of biodiversity and to comply with saved Policy G2 of the adopted Boston Local Plan and the aims and objectives of the National Planning Policy Framework.

 

 

 

9.               No development comprising the erection of any dwellings units shall take place until details of finished site and ground floor levels in relation to the existing site levels, adjoining land and dwellings have been submitted to and approved in writing by the Local Planning Authority. The details shall include the proposed grading and mounding of land areas, cross sections through the site and relationship with the adjoining land form and buildings. The development shall thereafter be implememented in accordance with the approved details.

 

Reason:           In order to secure the satisfactory development of the application site and to minimise the impact on surrounding occupiers and to accord with saved Policy G1 of the adopted Boston Local Plan.

 

11.   Development shall not be commenced until a Travel Plan has been submitted to and approved in writing by the local planning authority. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.

 

Reason:           In order that the local planning authority conforms to the requirements of the National Planning Policy Framework, a Travel Plan has been conditioned to ensure that access to the site is sustainable and reduces dependency on the car.

 

12.                   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 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:           In accordance with the details of the application and 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.

 

 

13.       The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation report has been submitted to and approved in writing 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:

 

 

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.

 

c)    A methodology and timescale for the treatment or removal of the underground petrol filling station tanks which form a part of the development site.

 

Reason:           To ensure potential risks arising from previous site uses have been fully assessed and to accord with the intentions of the NPPF (2012). This is a pre-commencement condition because potential contamination on the site has not yet been fully assessed and agreed mitigation measures need to be agreed prior to the commencement of works.

 

14.       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 the intentions of the NPPF (2012).

 

15.       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 the intentions of the NPPF (2012).

 

16.       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 the intentions of the NPPF (2012).

 

17.       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 the intentions of the NPPF (2012).