Agenda item

Erection of 2 no. detached two storey residential dwellings and garages and associated works.

Land adjacent to Ye Olde Red Lion Public House  Donington Road  Bicker  Boston  PE20 3EF

Mrs Andrea Thorlby

Erection of 2 no. detached two storey residential dwellings and garages and associated works.

Land Adjacent to Ye Olde Red Lion Public House, Donington Road,

Bicker, Boston, PE20 3EF

Mrs Andrea Thorlby

The Senior Planning Officer presented the report to committee confirming there

were no updates to be tabled. 

He did reiterate the comments of the Interim Development Manager in that whilst the initial officer recommendation had been to refuse the application, in light of the Inspector’s Appeal Decision – the reasons for the refusal within the report held needed to be reconsidered following legal advice. 

Representation was received in objection to this application by Mrs Burgess

which included the following:

Referencing the decision of the Inspector in respect of the planning application on Rookery Road Bicker for building of up to 40 dwellngs, the objector stated she felt the decion to be flawed and inconsistent in relation to the sustainability of such a large build within a village with so few amenities.  Members were asked not to let the decision influence their decision.  Referencing the application site the objector noted the historical importance of the adjacent Olde Red Lion public house which was a listed building that needed to be protected from any dominate infill of new builds.  The Olde Red Lion has always been the gateway to the village.  The site was outside the village envelopment for future development and the open space presented by the site contributed significantly to the character of the area.  Members were referenced to the BBC Interim Plan of February 2006 which stated that individual sites had been identified where it had been proposed no development should take place which would affect the character of the space:  that she noted had referred to land to the south and east of the Olde Red Lion Bicker.  The village conservation boundary lay at the rear of the Olde Red Lion.  The application site had been neglected since 2013 when rubble and bricks having been dumped at its’entrance and although offers had been made to service the site free of charge they had apparently been refused.  Prior to this site was and still remained Grade 1 farmland.  Regardless of the decion by Planning Inspector the village was lacking  in amenity.  The Parish Council had not attend the planning meeting 2017 but given support to the application with some reservation about building near the Olde Red Lion.  Concluding the objector stated concerns in respect of increased vehicle movements and problems with parking along the road.  Furthermore, there had been no planning meeting to her knoweldge nor had local residents been invited to comment on the applicaiton.  Building on the application site would seriously affect the setting on one of the few heritage assets in the village.  

Representation was received by the applicant’s agent Mr Wicks which included

the following:

Addressing the outcomes of the Inspectors Appeal Decison in respect of the

planning application for 40 homes at Bicker Mr Wickes advised he would be

referencing the content therein in his representation, having thoroughly

noted its contents.

The applicaiton was now 100ft  from back from the Olde Red Lion with the seperation satifying the previous concerns raised on the impact on the listed building. 

The Council’s Consultant Architect now supported the proposal having stated that it ‘fitted in with the existing development on that part of Donington Road”.   Traditional styles including chimney stacks; dormer windows and tiles would be used and the development would not adversely affect adjacens properties and would tidy up that area further enhancing the Olde Red Lion Setting.   The Inspector had now confirmed Bicker was a sustainable location by granting up to 40 units.  The decision had redefined sustainability and was akin to the recent decisions made by the committe on inful plots.  Agreeing comments in respect of full applications Mr Wicks noted that it was easier for members to fully assess the impact of the proposals on listed buildings and the surrouding areas.

Although Bicker had a limited number of facilities the Inspector had said they did included a Post Office; a general store and a village hall, along with 2 churches, a public house and various employment sites.  Furthermore it had a playing field and allotments for recreational activity and the local Prep School could only benefit from the development. Local buses ran through the village and the suggestion of a travel pack being provided was one which Mr Wicks confirmed he was happy to be a condition on any approval.   Donington was only a short distance by car and the impact of cars would be offset by the local services and in particular the proximity of Donington.

Bicker was listed 7^th out of 23 settlements in the Borough for sustainability and 20^th out of 71 in South East Lincolnshire.  It was well placed to take some new housing and the application was infill, largely hidden from view and  would not harm the character of the site.  The Inspector believed the allocation of 50 plus homes for Bicker was a minimum figure which allowed infill like the application site.    There were no flood issues in a Borough generally constrained by flood risk and the revised layout hid everywhere from view with the exception of the front.  The Parish Council now supported the application and there was a potential purchaser who wanted to get on with the site immeidately. 

The Interim Development Manager made of a point of information at this point in the proceedings by stating that he wished to make it clear his revised recommendation to committee was that the application be deferred to allow officers to take appropriate legal advice, be made clear.  He stated he was not suggesting the Council would judicially review the decision, but confirmed that they only had a period of six weeks from the date of the decision, to do so should they be minded to take that course of action.  Therefore the second part of the revised recommendation would be that the committee delegate any decision on judicial review to the Solicitor of the Council in consultation with the Chairman of the Planning Committee.

It was moved by Councillor Alison Austin and seconded by Councillor Peter Bedford that the application be granted contrary to officer recommendation and subject to planning conditions.

Vote:      In Favour:    2            Against:  8

It was moved by Councillor Michael Cooper and seconded by Councillor James Edwards that the application be deferred for a period of 1 month to permit legal advice to be taken in respect of the Appeal Decision and that committee delegate any decision in respect of Judicial Review to the Solicitor of the Council in liaison with the Planning Committee Chairman.

Vote:      In Favour:    7            Against:  1                 Abstention(s):  2

RESOLVED:    That the committee agree to defer the application for a period of 1 month to permit legal advice to be taken in respect of the Appeal Decision and that the committee delegate any decision in respect of Judicial Review to the Solicitor of the Council in liaison with the Planning Committee Chairman.

It is recorded that Councillor Claire Rylott rejoined the meeting at this part in the proceedings.