Agenda item

Resubmission of B 17 0307 for outline permission with all matters reserved (layout, scale, appearance, landscaping and access) for the erection of 9.no dwellings.

Land off Milkinghill Lane  Bicker  Boston  Lincolnshire

Mr Alan Chapman

Resubmission of B/17/0307 for outline permission with all matters reserved (layout, scale, appearance, landscaping and access) for the erection of 9 no. dwellings

Land off Milkinghill Lane, Bicker, Boston, Lincolnshire

Mr Alan Chapman

The Senior Planning Officer presented the report advising the committee of 4 further conditions to the application in respect of land contamination.

Representation was received by Mr Lewis Smith the agent which included:

Reiterating the outline was a re submitsision of an earlier proposal withdrawn following concerns relating to impact on the countryside and the position of Bicker in the settlement hierarcy.   The concerns had largely disappeared following the positive appeal decison on a site close to the application site.

The evemrging SELLP propsed residential development in Bicker and the application iste is part of the proopsed allocation.  The Local Plan Inspector asked for addtional sites to be identified in the village which have not been objected to by the Council.   The site lay partly within the settlement boundary and consisted of a number of commercial buildings largely encircled by existing and proposed residential development.  The buildings are allocated for industrial use in the 1999 local plan, they have not been used a lot over recent years and indeed a recent increase in their use resulted in complaints from local residents.  The original outline was for 14 dwellings subsequently reduced to 9 following the making of a Tree Preservation Order on 2 trees towards the eastern boundary of the site.  The indicative layout shows the site could comfortably accomodate the proposal without causing detrimental impact on the adjoining development.  Access to the site is from St.Swithins Close an adoptable highway and there are no objections from county highways.  No statutory consultee had objected and the few objections from residents could be dealtg with by conditions.  In conclusion the application would result in the redevelopment of a brownfield site adjacent to existing and proposed residential development in a settlement that was considered suitable for development following recent appeal decisons and the emerging local plan.

It was moved by Councillor Jonathan Noble and seconded by Councillor Yvonne Stevens that the application be granted in line with officer recommenation and subject to the 4 additional conditions in respect of land contamination and for access to be from St Swithens Close.

Vote:    10  in favour.            0 against.   Unanimous.

RESOLVED:    That the application be granted in line with officer recommendation subject to the following conditions and reasons:

1.   No development shall commence until details of the layout, access, appearance, landscaping and scale of the development (hereafter referred to as the 'reserved matters') have been submitted to and approved by the Local Planning Authority.

Reason: This is an outline application only and such details must be approved before development commences in order to comply with the objectives of Local Plan Policies G1 and H3 and required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.

1.          Application for approval of reserved matters 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 51 of the Planning and Compulsory Purchase Act 2004.

2.          The development hereby permitted 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 51 of the Planning and Compulsory Purchase Act 2004.

4    No development shall commence above slab level 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: In the interests of satisfactory drainage and to accord with the objectives of Local Plan policies G3.

5.       No development shall commence above slab level until a surface 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: In the interests of satisfactory drainage and to accord with the objectives of Local Plan policies G3.

6.   Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to the Local Planning Authority for approval in writing. The Construction Management Plan will prescribe how the construction of the site will be phased, 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 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

7     No development shall commence until a biodiversity enhancement plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken and thereafter managed in accordance with the approved enhancement plan.

         Reason: This is a pre-start condtion to safeguard wildlife, in the interests of biodiversity and to accord with the objectives of Local Plan Policy G2.

8        All landscape works, including a fencing scheme, 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 Policies G1 and H3.

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.

9.    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)  in writing 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 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 site’s 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 Policy G1 of the Boston Borough Local Plan, 1999.

10.   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 Local Planning Authority in writing. 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 Local Planning Authority.

        Reason:  To ensure the proposed remediation plan is appropriate and to accord with Policy G1 of the Boston Borough Local Plan, 1999.

11.   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 Local Planning Authority.

      Reason: To ensure site remediation is carried out to the agreed protocol and to accord with Policy G1 of the Boston Borough Local Plan, 1999.

12.          On completion of remediation, two copies of a closure report shall be submitted to the Local Planning Authority.  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 Policy G1 of the Boston Borough Local Plan, 1999

13.         If, during development, contamination not previously considered is identified, then the Local Planning Authority 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 by the Local Planning Authority.  The scheme shall be implemented as approved.

     Reason: To ensure all contamination within the site is dealt with and to accord with Policy G1 of the Boston Borough Local Plan, 1999.

14.      Access to the proposed development shall be from St Swithins Close only.

         Reason: In the interests of highway safety as Milkinghill Lane is narrow in accordance with the National Planning Policy Framework.