Agenda item

1.    Erection of two apartment blocks, one fronting John Adams Way and the other fronting Whitehorse Lane, Boston

 

2.    Erection of one dwelling attached to the north gable of 82 High Street, Boston

 

3.    Conversion of Haven Wharf warehouse to provide 21 flats plus side extension

 

4.    Relevant demolition in a conservation area including the demolition of outbuilding to the rear of 78 High Street Boston, an industrial building attached to the south elevation of Haven Wharf Warehouse and buildings nos 1, 2 and 3    

 

Land south of the A16, John Adams Way, east of High Street and north of Whitehorse Lane (known as Haven Wharf) , Boston

 

Hanseatic Developments Ltd

 

1.   Erection of two apartment blocks, one fronting John Adams Way and 

      the other fronting Whitehorse Lane, Boston

2.   Erection of one dwelling attached to the north gable of 82 High Street,

      Boston

3.   Conversion of Haven Wharf warehouse to provide 21 flats plus side

      extension

4.   Relevant demolition in a conservation area including the demolition of

      outbuilding to the rear of 78 High Street Boston, an industrial building

      attached to the south elevation of Haven Wharf Warehouse and

      buildings nos 1, 2 and 3

 

Land south of the A16, John Adams Way, east of High Street and north of Whitehorse Lane (known as Haven Wharf) , Boston

 

Hanseatic Developments Ltd

 

The Interim Development Manager presented the report to the committee and prior to updating members he provided them with a visual overview of the proposed development.  This he noted was to ensure their awareness of the actual layout of the plan, identifying the location of each of the individual dwellings on the application site for member’s ease of viewing the scheme in context.

 

A brief history of the site therein followed confirming committee’s refusal of the initial planning application for development of the site in 2015 and referencing the reasons for the refusal at that time.   The application was a departure from the Local Plan the Interim Development Manager briefly addressed relevant policies both within the Development Plan and the NPPF.

 

Committee were then advised of a number of  updates from the consultees’ following issue of the agenda as follows:

 

A letter from Historic England had noted that the new application was similar to the previous scheme but they still had concerns that the additional dwelling could be detrimental to the character of the area and that they also had issues with a number of design issues with Block A, Block B and the conversion.  They did state they were satisfied with Block C.   A full viability assessment was requested to prove if the size of the development and the additional dwelling were necessary.

 

Lincolnshire County Council had still not responded to the amended plans.

 

The Environment Agency had responded in respect of the revised Flood Risk Assessment to which they stated that had reviewed it and felt it was now appropriate to the scale, the nature and location of the development and they had now withdrawn their objections subject to the condition.

 

Heritage Lincolnshire had responded confirming they had reviewed the updated scheme and agreed the comments of the Council’s Consultant Architect in respect of the design and impact and they questioned the need for the extension and requested a viability assessment to justify the need.

 

On conclusion of the update information the Interim Development Manager continued his presentation of the application addressing the respective sections within the detailed report.  He acknowledged that that Block A would be the most prominent in the street scene, facing the main bridge it would be the main focal point crossing the bridge both ways. 

In his conclusion he did draw members’ attention to 10.4 of the report and bullet point 2 and said that they needed to consider that that there was no evidence to support the lack of contributions towards affordable housing, education and health that would render the scheme unviable: he stated that only a full viability assessment would prove if it was the case.

 

 

Representation was received from the applicant’s agent Mr Fairman which included:

 

From the onset the applicant had been incredibly passionate about the opportunity to create a landmark town centre development.  Referencing the negative press the town received and the lack of acknowledgment for the people who donated their time and resources to champion the historic market town, he stated he was confident that everyone in the meeting shared a love and desire to make Boston the best it could be.   Referencing the rise in popularity of out of town retail developments and the housing sites on the outskirts of town that supported them alongside the ongoing struggle of the high street, he stated that Haven Wharf would provide 61 new households in the town centre who would be inclined to use the town centre retail providers as most households would shop for convenience. 

 

The development would provide a rare opportunity for first time buyers desperate to get a foothold on the housing ladder.  With fewer professional landlords and a slowing of the buy to let market, mortgage companies were now lending to first time buyers with a number of schemes available.   Committee were reassured of the applicants’ commitment to the project with significant investment having been made in the form of a comprehensive programme of restorative works to the warehouse, to help safeguard its long term future.  As both the A16 and A52 routed over Haven Bridge thousands of people would be able to view the development progress in real time.  Alongside the ongoing construction of the Boston Barrier the development would be a clear sign of the investment being made into the town in the regeneration of the historic prominent waterfront property.  The development would help to drive further investment and prosperity for business, residents and tourists. 

 

 

It is recorded that during committee debate the Interim Development Manager stated that viability was a material planning consideration for all development. 

He cautioned that should committee recommend approval members needed to be aware that there had been no evidence to support not requiring affordable housing or the need for the scale of Block B.  He stated that the importance of the site should in his opinion, be subject to a full viability assessment.

 

 

It was moved by Councillor Stephen Raven and seconded by Councillor Peter Bedford that committee grant the application in line with officer recommendation and subject to the proviso’s, conditions and reasons:

 

Vote:      In Favour:  6            Against:  4                 Abstention(s):  0

 

 

RESOLVED:    That the committee grant the application in line with officer recommendation subject to the following proviso’s, conditions and reasons:

 

§    That no adverse comments are received by outstanding consultees which may warrant the re-consideration of this application. The time period for the Consultees for making comments on this application expires on the 24^th May 2018.

 

§    the imposition of any appropriate conditions that may be recommended by the consultees

 

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:

 

§  Location plan- 001 (1/24)

§  Proposed site plan  SP-210 Rev B (3a/24)

§  Demolition drawing – DEM -100 (4/24)

§  Proposed elevations – warehouse EL-200 Rev D (11B/24)

§  Proposed elevations-warehouse EL-201 Rev D (12B/24)

§  Proposed ground floor –warehouse PL-203 Rev C (13a/24)

§  Proposed first floor –warehouse PL-204 Rev D (14c/24)

§  Proposed second floor –warehouse PL-205 rev B (15b/24)

§  Block A -ground, first and second floor PL-102 Rev B (16/24)

§  Block A-proposed elevations EL-101 rev C (17a/24)

§  Block A- detailed elevation EL-401 rev A (18a/24)

§  Block B – Ground, first and second floor layout PL-100 rev A (19a/24)

§  Block B – Third floor and roof plan PL-101 rev B (20/24)

§  Block B – Elevations EL-100 rev B (21/24)

§  Block B –detailed elevation EL-400 rev A (22a/24)

§  Block C-Plans and elevations EL-402 Rev B (23b/24)

§  Block A- Third floor and roof plan ref PL-103 Rev A (24/24)

 

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

 

3    No development shall take place above ground level until full details of hard and soft landscaping works have been submitted to and approved in writing by the local planning authority. The scheme shall include:

 

a)               boundary treatment 

b)               hard surface materials

c)               planting schedules (species, sizes densities)

d)               existing trees to be retained/removed

 

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 Policies G1 and H3.

 

4.    All landscape works shall be carried out in accordance with the approved details in accordance with timescales that shall be submitted to and agreed in writing by the Local Planning Authority before any development above ground level.  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 and H3.

 

5.    No development shall take place 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 development  is in keeping with the character of the area and to accord with Adopted Local Plan Policy G1.

 

6.   A landscape management plan including management responsibilities and maintenance schedules of all landscaped areas shall be submitted to the Local Planning Authority before the occupation of any dwelling. The management plan shall be carried out as approved.

 

Reason:     To ensure the long term maintenance of the landscaping in the interests of the amenity of residents and to accord with the objectives of Local Plan policy H3.

 

7.    Prior to the commencement of the development hereby permitted, a Construction/demolition Management Plan shall be submitted to the local planning authority for approval. The Construction Management Plan will prescribe how the construction of the site will be phased, how demolition of existing buildings will be managed, where site accommodation and welfare facilities will be placed, hours of working, 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 residential amenity, 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.

 

8.    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.

 

9.        Before occupation of any of the dwellings hereby approved, the external parking and pedestrian 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, in the interest of crime prevention and community safety and in accordance with Adopted Local Plan Policy H3.

 

10.     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 (LPA) and until the scope of works approved therein have been implemented. The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing:   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.   Reason:     To ensure potential risks arising from previous site uses have been fully assessed and to accord with Local Plan Policy G1.   11   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  Local Plan Policy G1.           12   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 Local Plan Policy G1.   13    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 Local Plan Policy G1.   14  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   Local Plan Policy G1.   15    Notwithstanding the requirements of condition 2 above, before any works to the conversion of the warehouse is commenced, full detailed drawings of the proposed internal layout and the proposed external alterations to the building shall be submitted to and approved by the Local Planning Authority. The works  shall be carried out in accordance with the approved plans.          Reason:   To ensure consistency between the submitted details, in the interests of proper planning and for the avoidance of doubt. This condition accords with the objectives of the NPPF (2012).   16    There shall be no vehicular access to the site from  Whitehorse Lane and vehicular access   to the site shall only be off High Street as shown on Proposed site plan SP-210 Rev B (3a/23). Details of the measures to prevent vehicular access to the site via the existing Whitehorse Lane access shall be submitted to and approved in writing before the occupation of any dwelling on this site and the works shall be implemented within timescales to be agreed in writing by the Local Planning Authority. The approved scheme shall be retained in that form.            Reason:       In order to reduce traffic generation along Whitehorse Lane, in the interests of residential amenity and highway safety and to accord with the objectives of Local Plan policies G1 and G6.           17    Before the occupation of any dwelling on this site, details of the proposed waste management including details of the storage of wheelie bins to serve future residents and an area designated for wheelie bins during collection days shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with timescales to be agreed in writing by the Local Planning Authority.            Reasons:       To ensure a satisfactory scheme for waste management is implemented, in the interests of residential amenity and the character of the Boston Conservation Area and to accord with the objectives of Local Plan policy G1   18    Before any work to the warehouse is first commenced, a plan drawn at 1:10 scale of the new dormer windows, rooflights and sash windows shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out as approved.           Reason:      In order to ensure the design and proportions of the dormer, rooflights and sash   windows are appropriate to the appearance of the building and the character of the Boston Conservation Area. This condition accords with the objectives of the NPPF (2012).   19      Before block C is first commenced, a plan drawn at 1:10 scale of the new dormer window and sash windows shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out as approved.   Reason:      In order to ensure the design and proportions of the dormer and sash windows are appropriate to the appearance of the building and the character of the Boston Conservation Area. This condition accords with the objectives of the NPPF (2012).   20      Notwithstanding the provisions of the Town and Country Planning             (General Permitted Development) Order 2015 (or any re enactment           thereof), no satellite dishes shall be installed on the external elevations of           the warehouse building, blocks A, B and C hereby approved without the           formal written approval of the Local Planning Authority.             Reason:       In order to protect the character of the Boston Conservation Area and to accord with the objectives of Local Plan policy G1 and the NPPF (2012).       21    Prior to their installation, full details of the position of all service meter boxes, external lighting and plumbing on the external face of the principal elevations of the warehouse, blocks A, B and C hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The details shall be carried out in accordance with the approved plans. Reason:       No details were submitted as part of the application, in the interests of the visual amenity of the Conservation  Area and to accord with Local Plan Policy G1.       22.      The finished floor levels of the proposed development shall be set as              follows:               a)    Block A – Finished floor level ser no lower that 6.15mAOD with                    garaging and storage use only at ground floor level (i.e no ground                    floor habitable uses) as shown on approved plan PL-102 Rev.B               b)    Block B – Finished floor levels set no lower than 6.15mAOD with                    garaging and storage uses only at ground floor level (i.e no ground                    floor habitable uses) as shown on approved plan Pl-100 Rev A.               c)    Block C – Finished fllor levels set no lower than 6.34mAOD                    incorporating flood doors or demountable defences to the height of                    600mm on all ground floor opensing, and               d)    Warehouse conversaion – finished fllor levels set no lower that                    6.60mAOD.                Reason:       to reduce the reist and impact of flooding on people and              property during the lieftime of the development in accordance with the               objectives of the National Planning Policy Framework (2012)   23.        No development shall take place until a surface water drainage scheme               for the site based on sustainable drainage principles and an assessment              of the hydrolocial and hydrogeological contaxt 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 nand 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.   c).   Provide details of the timetable for and any phasing of                    implementation for the drainage scheme   d).   Provide details of how the scheme will be maintained and managed        over the lifetime of the devlopment, including any arrangements for        adoption by any public body of 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 drianage scheme and no dwelling shall be occipied intil 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 accordance with the approved details.   Reason:  to ensure the permitted devleopment ins adequately drained without increasing flood risk to neighbouring properties in accordance with the National Planning Policy Framework (2012)     24.     The applicant shall arrange for an archaeologist recognised by the Local           Planning Authority to carry out an archaeological watching brief during           all stages of the development involving ground disturbance in           accordance with a scheme to be submitted to, and approved by that           Authority before development is commenced.  Such arrangements shall           include provision for the observation, recording and recovery of                     artefactual evidence and post-excavation analysis.  Fourteen days           notice shall be given to the district planning authority prior to the           commencement of works.  A report of the archaeologists findings shall           be submitted to the Local Planning Authority within two months of the           last day of the watching brief, or such longer period as may be agreed           by the Authority, and shall include arrangements for the conservation           and long term storage of artefacts removed from the site. Reason:  In order to ensure that satisfactory arrangements are made for the investigation retrieval and recording of any possible archaeological remains on the site. This condition accords with the objectives of the NPPF (2012).   In determining this application the authority has taken account of the guidance in paras 186 – 187 of the NPPF (2012) in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.