Agenda item

PLANNING APPLICATION B 17 0317

Hybrid outline application for residential development (up to 200 dwellings) consisting of:

 

1.    Construction of 71 dwellings (phase 1) and associated infrastructure including access, layout, scale, landscaping and appearance.

 

2.    Construction of up to 129 dwellings including access with all matters reserved for later approval.

 

Land off Wyberton Low Road   Wyberton  Boston  PE21 7SF

 

Mrs Rebecca Archer

Minutes:

Hybrid outline application for residential development (up to 200 dwellings) consisting of:

 

§  Construction of 71 dwellings (phase 1) and associated infrastructure including access, layout, scale, landscaping and appearance

§  Construction of up to 129 dwellings including access with all matters reserved for later approval

§                       

Land off Wyberton Low Road, Wyberton, Boston, PE21 7SF

 

Mrs Rebecca Archer- Chestnut Homes Ltd

 

The Senior Planning Officer presented the report and advised 1 main update to the report tabledin that additional representation had been received in the form of five additional letters including one from Ward Member Cllr Richard Austin with all members having been sent a copy of the letter.  The remaining four letters were from the occupiers of Ashtree Cottage at Rawsons Lane; 178 Wyberton Low Road; 184 Wyberton Low Road and 154 Wyberton Low Road.

 

The Ward Member and the neighbours all voiced concerns that the application could jeopardise future industrial development and development of the household waste recycling centre.  Further concerns cited the impact upon the road infrastructure by the increased traffic generated and the ability of the highway network to accommodate the increase.  Concerns were also tabled in respect of education and medical provision and some residents’ questioned if there was a need for such a large development within that area. Safety concerns in respect of the depth of the surrounding drains were raised alongside littering issues within the drains and the damage and danger to wildlife.

 

At this point in the proceedings the Monitoring Officer requested that clarification of a comment made during the officers’ representation be recorded.

Councillor Richard Austin referenced within the update information had not corresponded in his capacity as Ward Member for Wyberton but purely at Richard Austin resident of Wyberton. 

 

Representation was received in objection to the application:

 

1.            Mrs Austin which included:

 

Committee were advised that the main issues by residents all related to the un-sustainability of the location.  Concerns included the lack of amenities; the need for a car; road network and traffic flood risk and drainage.  An 18 minute walk to the corner shop was unrealistic:  the nearest bus route on London Road was a mile away and there was no other public transport with Call Connect being akin to a taxi service. 

 

It was a false argument more school places would not be required as starter homes would attract young couples.   The only facility in walking distance was St. Thomas’s school which had no space for expansion.  Wyberton school was over a mile away on the opposite side of the A16.  Referencing the non objection by Highways, members were referred to the adequate car parking space identified in the development and asked to realise that the 128 parking spaces for Phase 1 could mean up to 360 cars in total.    Addressing the dykes which boarded two sides of the site, Mrs Austin stated they were extremely deep and confirmed that by law the Black Sluice required a clear 9 metres access strip for maintenance:  committee were asked to recognise that Children would play on the strips alongside the dykes which could prove dangerous.  A further consideration was the impact on Heron Way; the character of the area and the proximity of the Industrial Estate. Residents on Heron Way were concerned that houses in Phase 2 would overlook their bungalows and gardens.   

 

Boundary treatments had not been is not referenced nor had the maintenance of the dyke behind the two properties at stables and a variety of wildlife would likely be displaced to accommodate Phase 2.  The open fields in Phase 1 formed a buffer between existing housing and the industrial estate and would be best left undeveloped.   Concluding Members were asked to recognise that the development had ignored both the new power station which was near completion and also new household waste recycling centre.  Furthermore acknowledgment of the much needed affordable housing was agreed but the site was questioned as without the use of a car residents could feel very isolated and vulnerable.  The site was not safe for pedestrians and cyclists and consideration needed to be given to deliberately housing families so close to industrial activity.

 

2.            Mr John Chester which included:

 

Stating he did not wish to repeat the former speaker Mr Chester advised he had significant knowledge of the history of site.  He stated that the plan showed site Phase 1 was owned by Baptist Trust Farms.  The site had been applied for years ago and refused.  Stating he had been a Parish Councillor for 30 years in Wyberton Mr Chester reiterated he knew quite a bit about the history of place.  He advised that when Marsh Lane was originally planned by the Council that was a buffer zone stopping all development.  He stated that he thought that Phase 2 had already got outline planning permission of industrial use anyway and said that also when traffic surveys were carried out it was had been at times when most people had gone to school or work.  Even though they had been given opportunity by the planning officer to change the time and still it had been changed but not properly, so as a resident who has lived there for 60 years Mr Chester felt that the traffic survey was a joke.  Mr Chester then stated that the first planning of the industrial site idea was to put a road through Marsh Lane right through to the new A16 at that time which was a railway line and no houses were in the way of the road.

 

Representation was received on behalf of the applicant by Mrs Rebecca Archer which included:

 

Boston had been and continued to be Chestnut Homes main trading area. The Quadrant was now well underway delivering market and affordable housing along with infrastructure benefits to the town.  Although predominantly market housing providers the applicant understood affordable housing was a key part to creating a broad mix of housing to suit various housing needs across the borough.  The Quadrant construction on 62 of 100 affordable homes was underway and the applicant had been delighted to hand over the first 22 homes to Boston Mayflower last week.  The balance of 62 would be handed over during the year and the remaining 38 would be built within the next phase of the development.

 

Chestnut Homes had an excellent track record delivering affordable homes not only under Sect. 106 obligations but also in identifying suitable land and also in working in partnership with local housing associations to deliver schemes. 

 

They had successfully delivered affordable homes at the former Jewson’s Yard site in Boston in partnership with Waterloo Housing and were presently building 17 affordable rented homes adjacent to the Riverside development for Boston Mayflower.   Also nearing completion were 175 affordable homes at Skegness for Waterloo Housing, all completed under an accelerated construction programme of 2 years.  Confirming the application tabled was a hi-bred application with full details submitted for the first 71 with the balance of the site in outline form, the applicant advised it was their intent to deliver close to 100% affordable housing on the site. The applicant already had some 400 market homes on the quadrant but would require flexibility should funding or viability become an issue on the site, hence the minimum 60% commitment in the officers report.  Members were advised that a recently completed scheme at Lincoln had seen market housing built to in effect, cross subsidise the affordable housing which had worked well but was not the applicants preferred option.

With housing being a key priority of the Government, Chestnut Homes was an investment partner with Homes England and had an excellent record of securing funding.   The applicant had already had good interest in the application site from local housing associations and if approved, then work on the site would begin in the current year.

 

Representation was received on behalf of Wyberton Parish Council by Parish Councillor Mrs Pat Cooper which included:

 

Wyberton Parish Council unanimously did not agree the application and objected to it as the road network was inadequate and it was in an unsustainable location.  The nearest bus stop being on London Road a distance of about 1 mile away. The nearest conveninece store at Newtons Corners about same distance.  The nearest school St.Thomas Primary full to capacity with no room for expansion.  The next nearest school is Wyberton School at a distance of about 1.1/4 mile away.  Walking routes via Low Road or Tytton Lane East both had very hazardous sections without footways. 

All assumptions in the report are most traffic uses Wyberton Low Road.  In reality Tytton Lane East, Low Road and Slippery Gowt Lane are used because of congestion and parking issues near to St. Thomas’s School and to avoid pinch points on the A16 and Marsh Lane.   Low Road in effect was a fast widning lane without a footway for about 1000 yards in its most dangerous section.  Councillors continally got complaints about speeding along it.  Tytton Lane East had an even worst reputation in particular at school times with fast moving and heavy traffic the worst section winding lane about 500 yards with no footway or grass verge for a walker to move out of the path of oncoming traffic.  Also it meant a main road to cross without any pedestrian crossing and a child has already been killed trying to cross the road.  The nearest main shopping store and post office was in Parthian Avenue a distance of about 1. ½ mile.  The nearest Doctors was Liquorpond about 1. ½ miles away.  Most food outlets and leisure facilities are about 1. ½ miles away although there are two pubs about a mile away.  The access along 500 years of Slippery Gowt Lane is unlit narrow winding without footway and bordered by a deep dyke used as a rat run. 

 

 

High volumes of fastmoving cars use it making it dangerous for walking and cycling in the dark and when wet.  There could well be over 300 cars and vans on this estate.  The Parish Council is aware the local road network is heavily used at peak times.  Several other sites were available locally that were far more sustainable than the one under consideration.

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Paul Gleeson that the application be granted in line with officer recommendation and subject to the provisos, conditions and reasons therein.

 

In Favour:  5.         Against:  4.      Abstention:  1.  

 

RESOLVED:   That the Planning Committee resolve that they are Minded to Approve the application subject to conditions and:

 

§  any permission is not released until the applicants have entered into a section 106 planning obligation with the Council requiring a minimum of 60% of the dwellings being affordable units with 50% of this delivered as rented affordable housing in line with the proposals, and type and tenure of units to be agreed with the LPA prior to construction commencing on any dwelling within a phase

 

§  authority is delegated to the Development Manager to approve this application upon satisfactory completion of the planning obligation.

 

§  No representations or objections are received from National Grid which would warrant the re-consideration of the application by the Planning Committee.

 

Note:   For the purposes of this permission, phase 1 means the area defined on plan HWB/001 rev B as the site for 71 dwellings for which ‘reserved matters’ relating to the appearance, access, scale, layout and landscaping have been submitted and approved  as part of this permission. ‘Later phase(s)’ means the areas of land not forming part of phase 1.

 

1              The development of defined phase 1 hereby approved 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 forming phase 1 of this development shall be carried out in accordance with the following approved plans:

 

§     Site location plan ref HWB/0030P rev B (1a/28)

§     Planning layout ref HWB/001 rev B (2A/28)

§     Type 101-V1 Floor plans ref 101 –V1-01 (5/28)

§     Type 101-V1-Elevations ref 101-V1-02 (6/28)

§     Type 104-V1Floor plans and elevations ref 104-V1 

            (7A/28)

§     Type 104V1 and 105-V1 01 (block C) floor plans ref block

            C -01 (9a/28)

 

 

 

 

 

§     Type 104 V1and 105-V1 02 (block C) Elevations ref

            104/105- V1( block

C)-02 (10A/28)

§     Type 105 –V1 Floor plans ref 105-V1 -01 Rev A (11A/28)

§     Type 105-V1Elevations ref 105-V1-02 Rev A (12A/28)

§     Type 105-V2 (Block B) Floor plans ref Block B -01

            (13A/28)

§     Type 105 – V2 (Block B) Elevations ref block B -02

            (14A/28)

§     Type 105-V2 Floor plans ref 105-V2-01 Rev A (15a/28)

§     Type –105- V2 Elevations ref 105-V2-02 (16/28)

§     Type 106 –V3-Floor plans and elevations  (opp) ref 106-

V3-01 Rev A (17a/28)

§          Type RP1 Floor plans ref RP1-01 (18/28)

§     Type RP1 Elevations ref RP1-02 (19/28)

§     Type SF6 Floor plans ref SF6-01 (20/28)

§     Type SF6 02 Elevations ref SF602 (21/28)

§     Type SF8 (3 block) Floor plans ref SF 8( 3 block) 01

            (22/28)

§     Type SF8 02 (3 block) elevations ref SF8 (3 block) 02

            (23/28)

§     Type SF8 floor plans ref SF8 01 (24a/28)

§     Type SF8 02 Elevations ref SF8-02 (25A/28)

§     Wall and fencing ref Detail 6 rev I (27/28)

§     Type SF 14 Floor plans and elevations ref SF14 (28/28)

 

And the recommendations contained within the Preliminary Ecological Appraisal and water vole survey report – Deltasimons July 2017

 

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

   

3              Phase 1 of the development shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated November 2017, including the mitigation measures detailed within section 5.8 of the FRA for each form of dwelling. Specifically:

 

§     For two/three storey houses with habitable rooms on ground floor, and apartments above ground floor, finished floor levels shall be raised to no lower than 3.4m AOD, with water resistant external doors, water resisting airbricks, backwater valves, non-return valves and all electrical installation to be above 4.0mODN; or

§     Finished floor levels shall be set no lower than 4.0mODN.

 

           Reason:            To reduce the risk and impact of flooding to people and property and to accord with the objectives of the NPPF (2012)

 

 

 

4              Prior to the commencement of each phase of development hereby granted outline permission, an updated Flood Risk Assessment (FRA) shall be submitted to and approved in writing by the local planning authority, in accordance with the scope of the FRA submitted in support of the outline application.

 

The FRA shall be undertaken in accordance with the requirements of national planning policy and associated guidance and make use of the best available information on flood risk. The FRA shall include details of finished floor levels and mitigation measures for all built development.

Development shall proceed in accordance with the updated and approved FRA.

 

Reason:           To ensure that flood risk to the development and occupiers is properly assessed and appropriate mitigation is included to ensure the development is safe for its lifetime, and to accord with the objectives of the NPPF (2012)

 

5              Before the development of the later phase(s) are commenced  details of the scale, appearance, layout and landscaping of each phase as may be applicable (hereafter called reserved matters) shall be submitted to and approved by the Local Planning Authority. Each of the reserved matters shall include details of finished floor and site levels.

 

Reason:           This is , in part, an outline approval only and such details must be approved before the later phases commences in order to accord with the objectives of Local Plan policies G1 and H3 and required pursuant to section 91 of the Town and Country Planning Act 1990

 

6              Application for the approval of reserved matters with regard to the later phases 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.

 

7              The development of the later phases 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.

 

8          No development shall take place before a scheme has been agreed in writing by the local planning authority for the construction of a 1.8 metre wide footway, together with arrangements for kerbing and the disposal of surface water run-off from the highway from the end of the existing footway on Wyberton Low Road to the access into the permitted development. The agreed works shall be fully implemented before any of the dwellings are occupied.

 

             Reason: To ensure the provision of safe and suitable 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 accord 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, as shown on drawing number HWB/001 Revision B dated 30/11/2017 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 Wyberton Low Road, and to accord 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 accord with the objectives of Local Plan policy G6

 

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 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:            To ensure residents of the permitted development and neighbouring land and property 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

 

13        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:           This is a pre- commencement condition and the details are required in the interests of satisfactory drainage and to accord with the objectives of Local Plan policies G3.

 

14        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.

 

15        Notwithstanding the submitted details, the first property of phase 1 shall not be occupied until full details of hard and soft landscaping works have been submitted to and approved in writing by the local planning authority. The details shall include :

 

1.             hard surfacing materials

2.             minor structures/ planters

3.             planting schedules (species, sizes, planting densities,  

           maintenance-proposals)
          

            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, G2 and H3.

16        The approved hard and soft landscaping works shall be implemented in full in accordance with timescales to be submitted to and approved in writing by the Local Planning Authority before the occupation of any dwelling.


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, G2 and H3.

 

17        The proposed areas of public open space as shown on plan HWB/001 Rev B 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 in accordance with timescales which shall be submitted to and approved in writing before the occupation of any  dwelling.

 

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

 

18        A landscape management plan including management responsibilities and maintenance schedules of the public open space and play equipment shall be submitted to and approved by 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.

 

19        Before occupation of any of the dwellings hereby approved, the external parking areas shall be provided with lighting in accordance with details, including the maintenance of the lighting, to be 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.

 

20    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, hours of working, 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.

 

 

 21         Prior the commencement of any phases of development (including phase 1)     details of the means to prevent flooding onto neighbouring land which may result from raised land levels relating to each respective phase shall be submitted to and approved in writing by the local planning authority. These details shall also include:

 

§   The finished land levels including sections showing garden areas, driveways and the private road measured at Ordnance Datum

§   Proposed surface water drainage system including future maintenance

§   Method of boundary treatment to avoid any overlooking that may arise from raised land levels.

 

         These details shall be submitted to and approved in writing by the Local Planning Authority and the works shall be carried out in accordance with the approved details.


Reason:            This is a pre-commencment condition in order to prevent third party flooding and protect residential amenity and to accord with the objectives of Local Plan policies G1 and G3.

 

22        No more than 200 dwellings shall be constructed on this site.

 

                   Reason:           To define this permission, in the interests of residential amenity and highway safety and to accord with the objectives of Local Plan policies G1, H3 and G6.

 

23                    Before any dwelling is commenced, a scheme to provide play equipment shall be submitted to and approved by the Local Planning Authority. The scheme as may be approved shall be carried out in accordance with agreed timescales.

 

      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 policies H3 and H4.

 

 

 

The Chairman adjourned the meeting at this part in the proceedings

  and confirmed reconvention of the meeting would be at 2pm.

 

 

It is noted that Councillor Alison Austin rejoined the meeting

on reconvention and took part in all subsequent deliberations.

 

 

On reconvention of the meeting the clerk confirmed all declarations of interest made in respect of applications schedule for deliberation thereafter in the meeting.

 

Supporting documents: