Agenda item

Outline application for one dwelling, with all matters reserved for later approval

Land adjacent to Fernlea, Spittal Hill Road  Freiston, PE22 0JD

Mr Taylor, WT Taylor & Sons

Outline application for one dwelling, with all matters reserved for later approval

Land adjacent to Fernlea, Spittal Hill Road  Freiston, PE22 0JD

Mr Taylor, WT Taylor and Sons

The Senior Planning Officer presented the report confirming there were no updates to the report tabled.

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

Committee were asked to recall that planning permission had been granted on appeal for residential development adjacent to the east of the site in February 2018 and further reminded that in September 2018 outline permission had been granted for the construction of two houses at land 70 metres to the north of the site.   Mr Crust referenced similar applications stating that in August 2017 and in January and August 2018 permissions had been granted for housing schemes on sites within the countryside, on land outside the village envelopes of Sutterton and Fosdyke: each representing infill land.    Recently in October 2018 permission for a housing development off Causeway Wyberton had also been granted as it had been considered it was acceptable infill.   Referencing Paragraph 11 of the NPPF which included ‘presumption in favour of sustainable development’, members asked to also recognise that with no five year supply of housing, policies relevant to the supply were out of date.  The tilted balance was engaged and there was a presumption in favour of sustainable development in respect of the application.  The site was not isolated and as such the requirements identified in para 79 were not relevant.  There had been no objections to the application from residents or any statutory consultee.  Local Planning Policy CO2 was not a saved policy and held no weight.  Referencing the outline application for up to 2 dwellings in Butterwick which had been refused in 2017 and then subsequent upheld on appeal when the Inspector had recorded that the dwellings would not be spatially or socially isolated and would form part of group of other buildings’ and consolidating remaining clusters of development, committee were asked to note that the appeal was a material consideration and had weight, as the decision was made in February 2018.  

It was moved by Councillor Alison Austin and seconded by Councillor Jonathan Noble that the committee grant the contrary to officer recommendation as it was an infill plot; the appeal decision was important and the location was a sustainable location, subject to appropriate planning conditions and reasons.

Vote:    In Favour:  12.    Against:  0.      Abstention:  0

RESOLVED:    That the application be granted contrary to officer recommendation subject to agreement being received in respect of the pre-commencement contamination condition and subject to the following conditions and reasons.

1.            No development shall commence until details of the appearance, landscaping, layout, access and scale of the development (hereafter referred to as reserved matters) have been submitted to and approved in writing 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 Boston Borough Local Plan 1999 policies G1 and H3, and required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.

2.           Application for approval of the reserved matters shall be made to the Local Planning Authority not later than the expiration of 3 years from the date of this permission.

          Reason: Required to be imposed pursuant to Section 51 of the Planning 

         and Compulsory Purchase Act 2004.

3.            The development hereby permitted shall be begun before the expiration of 2 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.           The development hereby permitted shall be carried out in accordance with the following plans and details:

§      site location plan and

§      existing block plan ref J1649-PL-01 Rev P01

Reason:         To ensure the development is undertaken in accordance with the approved details and to accord with Boston Borough Local Plan 1999, Policy G1.

5.           The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA), undertaken by Robert Cole dated 27 September 2018 and the following mitigation measures detailed in the FRA:

§    The ground floor of the proposed dwelling to be restricted to non-

         habitable uses (garage, utility, WC)

§    Flood resilience and resistance measures to be incorporated into

         the proposed development as stated

             Reason:     To reduce the risk of flooding to the proposed development

             and future occupants in accordance with the National Planning Policy

             Framework 2018.

6.            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.

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 Boston Borough Local Plan 1999 Policy G1.

7.             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 Boston Borough Local Plan 1999 Policy G1.

8.             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 Boston Borough Local Plan 1999 Policy G1.

9.            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 Boston Borough

            Local Plan 1999 Policy G1.

10.             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 Boston Borough Local Plan 1999 Policy G1.

In determining the application the authority has taken account of the guidance in paragraph 38 pf the National Planning Policy Framework 2018 and consider this development is acceptable due to it being an infill plot, improving highway safety by virtue of demolishing a building that prevents visibility of the nearby corner is a sustainable location and the appeal decision by the Planning Inspectorate at the former garage, Brand End Road Butterwick.