Agenda item

PLANNING APPLICATION B 17 0404

Erection of 74 dwellings with associated garaging and sewers.

 

Land to the North of Cole’s Lane  Swineshead  Boston  PE20 3NS

 

Mr B Gibson  (Ashwood Homes)

Minutes:

Erection of 74 dwellings with associated garaging, roads and sewers

 

Land to the north and west of Cole's Lane, Swineshead, Boston,

PE20 3NS

 

Mr B Gibson (Ashwood Homes)

 

The Senior Planning Officer presented the report and updated the committee in respect of 1 additional representation having been received by a neighbour since issue of the agenda. 

 

Further representation from a neighbour objecting including no. Of plots proposed landscaping document includes tree planting and log piles within 9 metres of Black Sluice Drain.  Flood risk assessment document referenced capacity of Swineshead Bedfordshire and the ecological report indicates it was only undertaken on one day and should be undertaken over an extended period.  The objector does suggest some mitigation measures that may assist in the application.

 

Furthermore committee members were asked to note the intent to include an additional condition requiring the provision of a Landscaping Maintenance Plan and that a number of the existing conditions would require slight amendments to ensure robustness. 

 

It is recorded that the Chairman made a declaration of interest at this point in the proceedings, advising committee that the registered objector Mr Spencer was known to him but only in a historic capacity and it would not affect his ability to determine the application.

 

Representation was received in objection to the application by Mr Spencer which included:

 

Advising he resided adjacent to the application site Mr Spencer voiced objections and sought Council refusal of the application.  He stated that there was only one entrance and exit on Station Road from the current and proposed site.  There was a bend on the left hand side in close proximity to access and coupled with residents who park vehicles on Station Road it created additional hazards and risks for drivers and pedestrians alike. 

 

There would be congestion and potential accidents which would be at peak times.  A previous application on the site had been rejected on grounds that the site was located within 9m of local wildlife site.  The development could have adverse impact on the site and put pressure on for additional land to the east which adjoins the local wildlife site.   Noting the ecological scoping survey which made reference to nine species of birds with only one being on the red list for birds of conservation concern and only two on the amber list, Mr Spencer advised that local residents regularly observed bird life on the site which disputed the findings:  other birds including skylarks, grey wagtails, yellow wagtails, starling, willow tit, house sparrow, song thrush and more were visitors / nesting on the site. 

 

Mr Spencer confirmed he was also aware that the ponds did have Great Crested Newts along with common newts, toads and frogs, all breeding in the ponds.  He further stated that he was disappointed that neither the ecological scoping survey nor Ashwood Homes had made reference to the fact that the site was immediately adjacent to Coles Lanes Ponds.  

 

If built, Mr Spencer stated he felt the development would cause substantial harm to the local wildlife site and would adversely impact and disturb the visiting and nesting birds in his garden and on the site to such an extent, that it may see them relocate and thus reduce in biodiversity of the area. 

 

He was also concerned by the proposal for drainage of surface water which he felt would impact on the local wildlife site, stating that any adjustment of the water table in the development site would likely see the waters from the ponds decline.

 

Representation was received by Swineshead Parish Council which included:

 

The Chairman of Swineshead Parish Council Mrs Cartwright stated that the main concern of the Parish Council was that the development adjoined the main conservation site which was part of the eco system.  Referencing the concern of the Parish Council in respect of the ecological scoping study, the members were advised that there were indeed many species of wildlife and that the most endangered, the Great Crested Newts had been evidenced by locals as being on the site.   

 

Committee were asked to address the concerns of how the development would affect the area advising both the Wildlife and Plantlife Trust had asked the same question.  Mr Mike Smith a tenant of 31 years in the area and the John Butler Charity who own the land had not been approached regarding the survey and therefore the question had to be asked who did they carry out the survey, was it just look over fence with a look or as we presume, they would not trespass without permission.  Therefore the Parish Council felt a more detailed independent survey be carried out to cover all four seasons would ensure that all wildlife species were captured.  Further concern in respect of drainage was highlighted in line with the high flood risk area, which could result in the foundations needing to be power driven which again would impact the wildlife.

 

It was moved by Councillor Michael Cooper and seconded by Councillor Claire Rylott that the application be granted in line with officer recommendation, subject to the provisos, the conditions, the amended conditions and reasons therein and subject to the additional condition requiring a Landscaping Maintenance Plan.

 

In Favour:  10.         Against:  1.      Abstention:    

 

 

 

 

 

RESOLVED:   That the Planning Committee resolve that they are minded to approve this application subject to conditions and reasons and:

a)    any permission is not released until the applicants have entered into a section 106 planning obligation with the Council for affordable housing and financial contributions towards health an education, and, subject to amendments to conditions 2 (revised plan no’s); 4 (revised plan no. And trigger point for implementation of landscaping); 7 (surface water discharge rates to be subject to LPA approval) and additional condition for a landscape management and

 

b)    authority is delegated to the Interim Development Manager to approve this application upon satisfactory completion of the planning obligation. If the obligation is not concluded within three months of instructions, the application will be returned to Committee.

 

Amendments to conditions 2,4 and 7 have not been adjusted at issue of this minute

 

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;

 

§  1218-LP Rev A ‘Location Plan’ (1/24)

§  1218-004 Rev J ‘Planning Layout’ (2A/24)

§  TAY-01 ‘Floor Plans’ (3/24)

§  TAY-02 ‘Elevations’ (4/24)

§  MDW-001 ‘Floor Plans’ (5/24)

§  MDW-002 ‘Elevations’ (6/24)

§  CLY-001 ‘Floor Plans and Elevations’ (7/24)

§  COR-001 ‘Floor Plans and Elevations’ (8/24)

§  LCK-001 ‘Floor Plans and Elevations’ (9/24)

§  MER-001 ’Floor Plans and Elevations’ (10/24)

§  NEN-001 ‘Floor Plans and Elevations’ (11/24)

§  SPT-001 ‘Floor Plans and Elevations’ (12/24)

§  AV-001 ‘Floor Plans and Elevations’ (13/24)

§  WEL-001 ‘Floor Plans and Elevations’ (14/24)

§  A732-001 ‘Floor Plans and Elevations’ (15/24)

§  A902-001 ‘Floor Plans and Elevations’ (16/24)

§  SG-01 ‘Single Garage’ (17/24)

§  DG-01 ‘Double garage’ (18/24)

§  DSG-01 ‘Double Shared Garage’ (19/24)

§  1218/LA1 ‘Landscaping Proposals – Sheet 1 of 3’ (20/24)

§  1218/LA1 ‘Landscaping Proposals – Sheet 2 of 3’ (21/24)

§  1218/LA1 ‘Landscaping Proposals – Sheet 3 of 3’ (22/24)

§  A13356-001 ‘Floor Plans and Elevations’ (23/24)


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

 

3.            No dwelling shall be built above slab 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 Policy G1.

 

4.         All landscape works shall be carried out in accordance with the approved landscaping details shown on drawing no. 1218/LA1 (sheets 1-3) within 6 months of the date of the first occupation of the thirtieth dwelling.  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.  The condition accords with Adopted Local Plan Policy G1.

 

5.         Before any development is commenced above slab level details of all walls and fences, including details of their height, design and position, shall be submitted to and approved in writing by the Local Planning Authority and such scheme as may be approved shall be constructed prior to the occupation of the first dwelling within the development hereby approved.


Reason:            In the interests of the visual amenities of the area and to accord with Policy G1 of the Adopted Local Plan.

 

6.         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 foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.

 

            Reason:           To prevent environmental and amenity problems arising from flooding and to accord with the National Planning Policy Framework (2012).

 

 

 

 

 

 

 

7.         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 sfaely 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 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 which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

(e)          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. This is a pre-commencement condition as the drainage strategy is a fundamental part of the layout and the details need to be agreed prior to any form of development taking place.

 

8.         All construction of the development hereby permitted shall be undertaken from the existing development road access onto Station Road,Swineshead and via the road network on the first phase of the development already under construction. There shall be no use of Cole's Lane by construction or delivery vehicles or by the vehicles of site personnel.

 

       Reason:           In the interests of highway safety and the amenity of residents of Cole's Lane and to accord with Adopted Plan Policies G1 and 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 Adopted Plan Policy G6

 

10        Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to the local planning authority for approval. The Construction Management Plan will prescribe 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.

 

11       Before any development is commenced above slab level details of the types of bat/bird boxes and their locations within the development shall be submitted in accordance with the mitigation measures proposed within the submitted ecological scoping report prepared by Hillier Ecology Limited. The development shall also proceed in accordance with the other mitigiation measure proposed within this scoping report.

 

       Reason:           To ensure that the development promotes rather than endangers protected species and local wildlife in accordance with Adopted Plan Policy G2.

 

12        Prior to the commencement of any part of the development hereby permitted, details shall be submitted to and approved by the local planning authority for the provision of a fire hydrant/s or other acceptable alternative. The fire hydrant/s (or other acceptable alternative) as approved in writing by the local planning authority shall be installed/agreed prior to the occupation of any dwelling approved by this consent.

 

            Reason:           To enable the protection and maintenance of the development and to accord with Adopted Plan Policy G1. This is a pre-commencement condition as provision for the hydrants needs to be assessed at layout stage.

 

 

 

 

 

 

 

13       A landscape management plan including management responsibilities                                                    

           and maintenance schedules of the public open space 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

           In the interests of the amenity of residents and to accord with the

           Objectives of the Local Plan Policy H4.

 

 

It is noted that Councillor Stephen Woodliffe rejoined the meeting

at this point in the proceedings.

 

Supporting documents: