Agenda item

PLANNING APPLICATION B 18 0039

Approval of reserved matters (scale, layout, landscaping and appearance) following outline approval B 16 0380  (Erection of up to 195 dwellings including access off Middlegate Road West, Public open space and drainage infrastructure)

 

Land north of Middlegate Road (west)  Frampton  Boston  PE20 1BX

 

Mrs Hannah Guy   Larkfleet Homes

 

 

Minutes:

Approval of reserved matters relating to scale, layout, landscaping and appearance attached to outline approval B/16/0380 for the erection of up to 193 dwellings and two flats including access off Middlegate Road West, public open space, play area, pumping station and swales/drainage infrastructure and landscaped bund

 

Land north of Middlegate Road (West), Frampton, Boston,                                        PE20 1BX

 

Larkfleet Homes.

 

The Senior Planning Officer presented the report and confirmed updates to the report tabled as follows:

 

  1. An additional 8 letters had been received from 14,16,18,20,25,28,30 and 40 Middlegate Road.   Concerns noted included there being no drainage ditch within the buffer area for run-off and the siting of the buffer area needed to be reconsidered; damage to properties caused through piling, overlooking by dormer bungalows and a loss of privacy as the fence intended would not prevent a loss of privacy.

Further issues replicating previous concerns noted that the drainage details did not comply with the conditions from the appeal and the drainage details to date were inadequate.  The plans indicated ponds and no swales.  The development would urbanise the area with a loss of important views.  The geophysical surveys provided were inadequate and members were advised that recent heavy rains had caused flooding to both existing residential homes and also on the proposed site itself.  It was the intent of the residents to contact the Council’s Chief Executive to ensure all conditions were complied with.

 

  1. Amendments to condition 1 within the report as follows:

§  Structural Landscape and Public Open Space (sheet 1) –

  7343_L-101 Rev D

§  Structural Landscape and Public Open Space (sheet 2) –

  7343_L-102 Rev D

§  Structural Landscape and Public Open Space (sheet 3) –

  7343_L-103 Rev D

 

3.    The Environment Agency requested that an additional condition be included to reduce the risk of flooding as follows:

 

Notwithstanding the recommendations of the Flood Risk Assessment approved under Outline Permission B/16/0380 (Millward ref MA 10325-FRA-R04 dated May 2017), the following mitigation measures shall be included in the development:

 

§  Finished floor levels shall be set no lower than 1.0m above ground level for dwellings of two or more storeys and 1.25m above ground level for single storey dwellings (bungalows or ground floor flats).

 

§  Details of flood resilient construction to at least 300mm above finished floor levels shall be submitted to the Local Planning Authority for approval in writing.  The approved details shall be incorporated throughout the development.

§  Resistance measures shall be incorporated including flood resistant doors, or 600mm high flood defences, to be fitted to all external doors of dwellings.

 

               The approved mitigation measures shall thereafter be fully 

               implemented prior to occupation of each unit and shall be maintained

               and retained in place.

 

               To reduce the risk and impact of flooding to the development and

               future occupants and comply with the aims and objectives of the

               National Planning Policy Framework 2018

 

  1. The Lead Flood Risk Authority had examined the latest plans and had made additional comments in respect of flood risk maters stating that the submitted details showed adequate space had been reserved within the layout of the proposed development for the provision of sustainable drainage featuring off side swales to collect and convey surface water run-off and balancing ponds to store surface water that would be attenuated in storm conditions to provide suitable surface water drainage for the proposed development.

 

  1. Frampton Parish Council had responded following their meeting on the 25th July and they had reiterated their comments as noted within the report.

 

Representation was received by Mr Richard Green in objection to the report which included

 

Stating he lived in one of the bungalows directly adjacent to the site, the objector noted that he had 4 neighbours who were housebound and that his thoughts were with them recently when on Monday 13th August severe rain resulted in flooding of 3 inches around his home.   He stated that on that occasion they were lucky because the flooding was purely run-off water and not sewage:  Members were then advised that the proposed site had 3 – 4 inches of standing water on that day.

Concern was noted that the site showed a 1.23m increase in land height which would then allow flood water to drain into their gardens exacerbating flooding.  The Millward drainage plan showed only a potential permimeter land drain separating the objector’s garden from the site.  Many homes on the objector’s side of the street were lower than the street.  Concern also noted that a 1.5 storey bungalow would result in overlooking of the existing bungalows. 

Further issues in respect of privacy noted concern that the buffer planting needed to be planted outside the proposed rear gardens to ensure it would not be removed by new residents.  A buffer zone was suggested.  The Appeal Inspector’s report had taken the effect of raised land on privacy very seriously.

Residents were very concerned about piling which would be needed and would have a profound effect on their homes thorugh noise and vibration.  Referencing the Construction Management Plan conditioned by the Appeal Judge, the Council was asked to ensure if stipulated piling methods that minimised noise and vibration against the drop-hammer technique:  furthermore residents requested that structural surveys be recorded on their properties prior to commencement of any work.

Movement of large heavy vehicles was another issue the management plan would need to address to minimise dangers to infrastructure and the fragile and narrow areas of Middlegate Road.

Concluding Mr Green stated that residents felt that their views were not being taken seriously with many decisions being made by professionals on their behalf.  They felt that the application as it stood was incomplete and that their justified concerns should be taken into full consideration and their suggestions taken on board.

 

Representation was received by Mr Mark Mann the agent acting on behalf of the applicant which included:

 

The details were submitted in January 2018 and access had been approved at the outline stage.   The outline consent accepted the principle that the site was capable of accommodating up to 195 homes.  Since submission the applicant and agent had worked with the officers of the Council’s and held meetings with some local residents in order to allay their concerns about the development.

One key concern was surface water drainage and foul water drainage.  As a consequence of the Environment Agency’s requirement that all new development in the Borough was required to be built up to ensure it was resistant to flooding there was a requirement that finished floor levels be between 1m and 1.25m above existing ground level.  Existing properties on Middlegate were slightly higher.  Raising the level was of concern but it should be noted the garden areas would be lower than the first floor level:  it was not the entire site that would be raised by 1.m or 1.25m but just the finished floor level of the home.

The surface water drainage system submitted in the application was designed to allow all water from the site to flow away from the properties on Middlegate Road and had been agreed by the Inspector.

The swale on the Southern boundary of the site had an invert level of 2.22 metres close to the proposed western entrance on Middlegate.  At that point the level of the road was 2.82 metres and so obviously higher.  The flow from that swale flowed easterly along with southern boundary of the site into the central attenuation basin which had an invert level 1.9 metre.  Provision had been made for a perimeter land drain which would allay fears for residents which Mr Mann confirmed as a gesture of goodwill the applicant would provide although it was not a requirement of the application.

Foul water would go directly to the sewage treatment centre to the north and would not go onto Middlegate which was confirmed at the inquiry to have capacity.  Referencing concern in respect of privacy and outlook Mr Mann noted that the bungalows that back onto the site, would back onto bungalows and the distance between them would be between 26m to 31m:  the generally accepted distance for 2 storey dwellings was 21m to safeguard privacy, so the distance on this site was substantially greater.  There would be no significant effect on privacy nor outlook:  in addition it was proposed to erect a 1.8m high fence along the boundary.

In conclusion Mr Mann stated that it was their intent to provide additional buffer planting to reinforce the existing planting alongside the boundary and as such there was no issue of residential amenity.  No statutory consultees had raised any concern in respect of the reserved matters application; the applicant had worked with officers and liaised with residents to allay fears.

 

 

It was moved by Councillor Paul Skinner and seconded by Councillor Jonathan Noble that the application be granted in line with officer recommendation, subject to:  the additonal condition requesting that a ‘kissing gate’ be installed at the entrance to the footpath.  The additional condition in repect of a full  landscaping scheme to include early / pre build planting in suitable areas of the site not hindering of dangering development.  The additional condition as requested by the Environment Agency.  The requirement that all drainage proposals be returned to committee for determination. The amendments to condition 1 as identified by the officer.  Furthermore that a letter be sent to the applicant requesting their liaison with residents in respect of Construction Management Plan.

 

(It is noted that the request for a condition for surveys to be undertaken on residents homes ahead of the start of the development was rejected by the Development Manager who noted it was outside of the application site:  it was however agreed that it was good practice for the developer to liaise with residents)

 

Vote:     9 in favour.       0 Against      2 abstention

 

RESOLVED:  that the application be granted in line with officer recommendation and subject to the following conditions and reasons along with the letters of request to the applicant on behalf of the residents:

 

1.         The reserved matters hereby granted shall be completed strictly in accordance with the following approved plans and details:

 

§  Plot Materials Schedule – Middlegate Road

§  Middlegate Frampton Parameters Plan – DWG:PP-01

§  Garages Pair Design Sheet – A00/GAR/03/DS Rev A

§  H49 Bungalow Design Sheet – H9/DS

§  H62 Bungalow Design Sheet – H62/DS Rev

§  H59 Bungalow Design Sheet – H59/DS Rev A

§  Garages Triple Design Sheet – A00/GAR/04/DS Rev A

§  2434 House Type Design Sheet – 2435/L00/DS

§  Garages Triple (single and double) Design Sheet – A00/GAR/05/DS

§  Garages Single Design Sheet – A00/GAR/01/DS Rev A

§  2433 House Type Design Sheet – 2433/A00/DS/AS

§  Garages Double Design Sheet – A00/GAR/02/DS Rev A

§  2426 House Type Design Sheet – 2426/A00/DS

§  2434 House Type Design Sheet – 2434/A00/DS/AS Rev A

§  2431 House Type Design Sheet – 2431/A00/DS/AS Rev B

§  2404 House Type Design Sheet – 2404/A00/DS/01 Rev A

§  2409 House Type Design Sheet – 2409/A00/DS

§  2324 House Type Design Sheet – 2324/A00/DS Rev A

§  2401 House Type Design Sheet – 2401/A00/DS

§  2328 House Type Design Sheet – 2328/A00/DS Rev B

§  2307 House Type Design Sheet – 2307/A00/DS Rev A

§  2308 House Type Design Sheet – 2308/A00/DS/03 Rev A

§  1207 House Type Design Sheet – 1207/A00/DS

§  2318 House Type Design Sheet – 2318/A00/DS

§  2318b House Type Design Sheet – 2318b/A00/DS/01

§  2224 House Type Design Sheet – 2224/A00/DS Rev A

§  2226 House Type Design Sheet – 2226/A00/DS

§  2224 House Type Design Sheet – 2224/A00/DS/03 Rev A

§  1303 Bungalow Type Design Sheet – 1303/A00/DS

§  Structural Landscape and Public Open Space (sheet 1)–7343_L-101 Rev D

§  Structural Landscape and Public Open Space (sheet 2)–7343_L-102 Rev D

§  Structural Landscape and Public Open Space (sheet 3)–7343_L-103 Rev D

§  On plot planting (sheet 1) – 7343_L-104

§  On plot planting (sheet 2) – 7343_L-105

§  On plot planting (sheet 3) – 7343_L-106

§  On plot planting (sheet 4) – 7343_L-107

§  On plot planting (sheet 5) – 7343_L-108

§  On plot planting (sheet 6) – 7343_L-109

§  Boundaries Plan 1A – SL01 Rev B (ss)

§  Boundaries Plan 1B – SK02 Rev B (ss)

§  External Materials 1A – SL01 Rev B (ss)

§  External Materials 1B – SK02 Rev B (ss)

§  Roof Materials 1A – SL01 Rev B (ss)

§  Roof Materials 1B – SK02 Rev B (ss)

§  2339 House Type Design Sheet Floor Plans – 2329/A00/DS/01

§  2339 House Type Design Sheet Elevations – 2329/A00/DS/02

§  2502 House Type Design Sheet Floor Plan – 2502/A00/DS/AS/01

§  2502 House Type Design Sheet Elevations – 2502/A00/DS/AS/02

§  Location Plan – DWG 008

§  2512 Design Sheet with Chimney – L000/2512/DS

§  2308 Pair Design Sheet with Chimney – 2308/A00/DS/03 Rev A

§  2324 House Type (with Chimney) Design Sheet – 2324/A00/DS Rev A

§  Boundary Treatments Plan – SK02 Rev C and SL01 Rev C

§  Kirton Site Layout 1A – SL01 Rev D (coloured)

§  Kirton Site Layout 1B – SK02 Rev D (coloured)

§  CGI – House Types

§  House Types Key

§  Materials Plan – SK02 Rev C and SL01 Rev C

§  Middlegate Kirton House Types

§  Plot Materials Schedule Rev A

§  Roof Materials Plans – SK02 Rev C and SL01 Rev C

 

Reason: For the avoidance of doubt and to ensure the development is carried out in accordance with the approved details and accord with the objectives of saved Local Plan Policy G1.

 

2.         Before the development approved is first commenced details of a landscaping scheme of the ‘buffer area’ identified on the submitted layout plans between the even numbered properties fronting Middlegate Road West and the proposed development detailing both soft and hard landscaping at a scale of 1:50 or 1:100 and a 5 year aftercare plan shall be submitted for the written approval of the Local Planning Authority.

The scheme shall include; a) Fully annotated planting plans, showing locations of individual planted semi mature trees, shrubs and hedging and b) The height, design and appearance of the means of enclosure. Any tree which becomes defective, is destroyed, dies or becomes seriously damaged within 5 years of being first planted shall be replaced with a tree of the same species and size as originally planted. The approved details shall be implemented in full no later than the end of the first planting season available after each phase of the development hereby permitted being bought into first occupation.

 

         Reason: To protect the visual amenities of the locality and future residential occupiers and accord with the aims and objectives of the National Planning Policy Framework 2018.

 

3.         Before the development approved is first commenced details of the design, appearance, height and siting of the children’s play equipment on the proposed Local Equipped Area for Play, together with a timescale for implementation shall be submitted for the written approval of the Local Planning Authority. The approved details shall thereafter be implemented in full and retained.

 

Reason: For the avoidance of doubt and to protect the visual amenities of the locality and accord with the aims and objectives of the National Planning Policy Framework 2018.

 

4.         Before the development approved is first commenced details of the design, and appearance of the pumping station shall be submitted for the written approval of the Local Planning Authority. The approved details shall thereafter be implemented in full prior to the occupation of any dwelling and retained thereafter. 

 

Reason: For the avoidance of doubt and to protect the visual amenities of the locality and accord with the aims and objectives of the National Planning Policy Framework 2018.

 

5.         Before the development approved is first commenced elevational details of the design, and appearance of the garages at a scale of 1:50 providing access to the rear amenity areas and the plots they will be provided to shall be submitted for the written approval of the Local Planning Authority. The approved details shall thereafter be implemented in full prior to the occupation of the dwelling to which the garage relates. 

 

Reason: For the avoidance of doubt and to enable the proposed occupiers access to their rear gardens,protect the visual amenities of the locality and accord with the aims and objectives of the National Planning Policy Framework 2018.

 

6.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 or any Order amending, revoking and/or re-enacting that Order, with or without modification. No extensions or alterations relating to Classes A, B, C & E of Part 1 of Schedule 2 or Part 2 Class A of Schedule 2 shall be erected.

                    

Reason: To protect the amenities of the existing and proposed residential occupiers to accord with the aims and objectives of the National Planning Policy Framework.

 

In determining this application the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2018 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.

 

7.          Notwithstanding the recommendations of the Flood Risk Assessment   

         approved under Outline Permission B/16/0380 (Millward ref MA 10325- 

         FRA-R04 dated May 2017), the following mitigation measures shall be 

         included in the development:

 

§  Finished floor levels shall be set no lower than 1.0m above ground level for dwellings of two or more storey and 1.25m above ground level for single storey dwellings (bungalows or ground floor flats).

§  Details of flood resilient construction to at least 300mm above finished floor levels shall be submitted to the Local Planning Authority for approval in writing.  The approved details shall be incorporated throughout the development.

§  Resistance measures shall be incorporated including flood resistant doors, or 600mm high flood defences, to be fitted to all external doors of dwellings.

 

         The approved mitigation measures shall thereafter be fully implemented

         prior to occupation of each unit and shall be maintained and retained in

         place.

 

         Reason:  To reduce the risk and impact of flooding to the development

         and future occupants and comply with the aims and objectives of the

         National Planning Policy Framework 2018

 

8.      Prior to the commencement of the development hereby permitted, a timetable

         for the proposed soft landscaping, its phasing and completion as shown on

         plans 7343_L-101 Rev D, 7343_L-102 Rev D and 7343_L-103 Rev D

        shall be submitted for approval in writing to the Local Planning Authority. 

        The timetable shall identify the planting of landscaping early within the 

        phasing of the development to enable it to mature and provide appropriate  

        mitigation for the development.  The planting shall be provided in

        accordance with the approved timetable. 

 

        Reason:  In the interests of the amenity and character of the area in

        accordance with the National Planning Policy Framework 2018 and Policy

        G1 of the Boston Borough Local Plan 1999.

 

9.      Prior to the occupation of any dwelling on the development hereby approved, details of a scheme for the purpose of the future management and maintenance of the open space and soft landscaping areas within the development shall be submitted to the Local Planning Authority for approval in writing.  The open space and soft landscaping shall be managed and maintained in accordance with the approved scheme."

 

         Reason:  In the interests of the amenity and character of the area in

         accordance with the National Planning Policy Framework 2018 and Policy

         G1 of the Boston Borough Local Plan 1999.

 

 

Following the resolution by Planning Committee, the applicant and Local Planning Department have been in discussion regarding the wording of conditions.  It is not lawful to amend, through a Reserved Matters application, a condition attached to an Outline Planning Permission.  The applicant is reviewing how this might be addressed.  An extension of time has been agreed for the determination of this application until this matter is resolved. 

 

The condition affected by this issue is condition 7 above and the following wording within the first bullet point:

§  for dwellings of two or more storey and 1.25m above ground level for single storey dwellings (bungalows or ground floor flats).

 

[It is anticipated the wording on the Outline Planning permission will be requested to be amended to achieve the above.] 


Supporting documents: