Agenda item

Outline application for residential development (up to 42 dwellings) with all matters reserved for later consideration.

 

Land to the rear of nos. 1a – 15 Watery Lane  Butterwick  Boston  PE22 0HS

 

Mr and Mrs R F and J Warth

Outline Planning Permission

 

Outline application for residential development (up to 42 dwellings) with

all matters reserved for later consideration

 

Land to the rear of nos. 1a - 15 Watery Lane, Butterwick, Boston,

Lincolnshire, PE22 0HS

 

Mr & Mrs R F & J Warth

 

The Development Control Manager presented the report confirming only one update to the report tabled in that extra representation had been received from the agent which was too late to be circulated to committee.  It referenced the recent Supreme Court Judgement pointing out that Policies including CO1 although not for the ‘supply of housing’ were up to date.  Further representation noted the 2011 HM Gov. Housing Strategy which stated for every new home, 2 new jobs were created and also reference was made to para.14 of the NPPF and the ‘tilted balance’ needed in deliberation in that there was no current five year supply and as such, committee needed to still work on the presumption in favour of development.

 

 

Representation was received by the agent which included:

 

Committee were asked to recognise the agents’ expression of appreciation of the case officer for the application.  Briefly referencing the Supreme Court decision the agent asked that whilst he acknowledged that the application did impact on CO1, the site did abut the existing settlement of Butterwick and that although the local plan carried no statutory weight the site was identified in the SHLAA.

 

Members were asked to recognise that there had been no third party representation and that the 24% affordable housing allocation was significantly higher than the minimum statutory requirement.

 

Noting the mix of housing in the indicative layout, members were advised that the final mix was for determination at reserved matters stage and the layout was solely to confirm that the site could accommodate 42 dwellings.

 

Referencing the early objections by the Environment Agency in respect of flood risk members were advised it had arisen due to a belief that there would be bungalows on the site:  the agent confirmed he felt that the problem could be addressed by using either dormer bungalows or bungalows with refuges in the attics.

Drawing committees’ attention to point 7.5 of the report, the agent noted the unusual comment by the officer that in their opinion the developments would actually improve the character and visual impact of the area and bearing that in mind, committee needed to pay weight to the comment against CO1.  

Furthermore the agent referenced 7.8 of the report and confirmed that the development was capable of delivering significant improvements to highway safety both outside the site and at the junction as the land was in the control of the applicant.

 

It was moved by Councillor Michael Cooper and seconded by Councillor Colin Brotherton that subject to the signings of the s106 Planning Obligation, the application be granted in line with officer recommendation, subject to the conditions and reasons therein and that all Reserved Matters be returned to committee for final determination.

 

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

 

RESOLVED:    That the committee, subject to the satisfactory signing 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 that all reserved matters be returned to committee for final determination.

 

1.               No development shall commence until details of appearance, access, layout, landscaping and scale of the development (hereafter referred to as the “reserved matters”) have been submitted to and approved by the Local Planning Authority.

 

Reason:           This is an outline application only and such details must be approved before development commences in order to comply with the objectives of Local Plan policies G1 and H3 and required to be imposed pursuant to Section 92 of the Town & Country Planning Act 1990.

 

2.         Application for approval of all reserved matters shall be made to the Local Planning Authority not later than the expiration of three years from 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 hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

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

 

 

 

4.         The development hereby permitted shall be carried out in accordance with the following approved plans –

 

§    Site  Location Plan 16033-001-01 (1/3)

§    Flood Risk Assessment prepared by Sensus Architecture Ltd received by the LPA on 1 Nov 2016.

 

Reason:           To ensure the development is undertaken in accordance with the approved details and to accord with Adopted Local Plan Policies G1 and G3.

 

5.                     No more than 42 dwellings shall be erected on the site.

 

            Reason:           To define the permission and to accord with Adopted Plan Policy G1.

 

6.         No part of the development shall be occupied before works to improve the public highway, by means of the provision of a 1.8 metre wide footway on the south side of Watery Lane, from opposite the site entrance to a point at the junction of Watery Lane with Sea Lane, together with suitable dropped kerb crossings on each side of Sea Lane, have been completed in accordance with details to be submitted to and approved by the local planning authority.

                                                                                                                          

Reason:           To ensure safe access to and from the site and each dwelling/building to the wider settlement  in the interests of residential amenity, convenience and safety and to accord with Adopted Local Plan Policies G1 and  G6.

 

7.         The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment submitted by Sensus Architecture Ltd including the following mitigation measures:

 

§  All dwellings shall be a minimum of 2 storeys, dormer or chalet bungalows being included in this definition

§  Finished floor levels shall be no lower than 1m above existing ground levels

§  Demountable defences to a height of 600mm shall be incorporated into the design

§  Flood resistance and resilience measures shall be incorporated as described

 

The mitigation measures shall be incorporated prior to occupation and subsequently remain in place.

 

Reason:           To reduce the risk and impact of flooding, in accordance with Adopted Local Plan Policy G3.

 

8.         No drainage works shall commence until a surface water management strategy has been submitted to and approved in writing by the Local Planning Authority. No hard-standing areas to be constructed until the works have been carried out in accordance with the surface water strategy so approved unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:          To prevent environmental and amenity problems arising from flooding, in accordance with Adopted Local Plan Policy G3.

 

9.         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 and until the scope of works approved therein have been implemented. The assessment shall include all of the following measures unless the Local Planning Authority dispenses with any such requirements in writing:

 

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 Local Planning Authority.

 

Reason:           To ensure potential risks arising from previous site uses have been fully assessed and to with accord Adopted Local Plan Policies G1 and G3.

             

10.       Where the 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 Local Planning Authority. 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 Local Planning Authority.

 

Reason:           To ensure the proposed remediation plan is appropriate and to with accord Adopted Local Plan Policies G1 and G3

 

11.       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 Adopted Local Plan Policies G1 and G3

 

12.       On completion of remediation, two copies of a closure report shall be submitted to the Local Planning Authority. 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 Adopted Local Plan Policies G1 and G3

 

 

 

 

 

13.       If, during development, contamination not previously considered is identified, then the Local Planning Authority 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 Adopted Local Plan Policies G1 and G3.

 

14.    The detailed layout shall incorporate an area or areas of public amenity open space/children's play area comprising not less than 7.5% of the gross site area which maximises as far as possible its amenity value. The area(s) of public amenity open space which shall include the provision of play equipment shall be laid out in a manner to be agreed in writing by the Local Planning Authority and made available for use before 50% of dwellings constructed on the application site are first occupied. This area shall not at any time be incorporated within the curtilage of a dwelling.         

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

 

15.      A landscape management plan including management responsibilities and maintenance schedules of the public amenity open and recreation space including play equipment shall be submitted to the Local Planning Authority 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.

 

 It is recorded that at this part in the proceedings at 1650 hours the Chairman sought Committee’s approval to continue in sesion past the three hour standard meetingtime lime to enable all the business of the day to be concluded.  Committee unanimously agreed the continuation of the meeting.