Agenda item

Outline application for the erection of up to 35 no. dwellings (with layout and access to be considered) and construction of car park for use by Old Leake Primary School

 

Land north of Old Main Road, Old Leake, Boston, PE22 9HR

 

Messr A & J Daubney

 

Outline application for the erection of up to 35 no. dwellings (with layout and access to be considered) and construction of car park for use by Old Leake Primary School

 

Land north of Old Main Road, Old Leake, Boston, PE22 9HR

 

Messr A & J Daubney

 

The Senior Planning Officer presented the report to the committee stating the application had been presented to committee on 29^th May 2018 when it had been granted, subject to a 106. Planning obligation, to be completed within 3 months of that decision.  The planning obligation had not been completed and as such had been returned to the committee.  Members were further advised that due to the delay, weight now had to be given to the emerging SELLP polices along with the revised NPPF.  The outcome of the changes in considerations had resulted in minor changes to the report, to address the material considerations and emerging policies which now had to be taken into account when making the decision.

 

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

Stating that every effort had been made by his clients solicitor to facilitate the completion of the Section 106 within the timeline, Mr Bryan advised members that they had been notified on the 25^th July 2018 that Lincolnshire Legal Services would not commence works without an undertaking to pay their legal fees. The undertaking was confirmed by the applicants’ solicitor on the 7^th August 2018, but a draft section 106 agreement was not received until the 28^th September 2018:  the section 106 being approved and finally completed on the 19^th November 2018.  Members were advised that from the time the draft 106 had been received, it was completed within the three month timeline.  However, in the first instance it had taken almost the same amount of time to receive the draft from Legal Services of Lincolnshire.

In light of the SELLP gaining momentum it was recognised that there could be concerns that granting this application could set a precedent for other applications.  However, the scheme incorporated a large area of dedicated car parking for the neighbouring school which was fully endorsed by the Head Teacher and directly provided a significant community benefit, which was unique to the application.  Committee were asked to view the application in isolation.  The proposal would provide good quality and sustainable homes and blend in well and benefit the area, and the applicant was confident that any technical issues raised could be readily resolved at the detailed design stage, prior to an application for a full planning permission.  Mr Bryan concluded by stating that had the work undertaken by Lincolnshire Legal Services had been carried out in a timely fashion, there would have been no need for the application to return to committee and he hoped committee recognised that situation was outside the applicant’s control. 

 

It was moved by Councillor Jonathan Noble and seconded by Councillor Paul Skinner that the committee approve planning permission, in line with officer recommendation and subject to the conditions and reasons therein.

 

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

 

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

 

1.            No development shall commence until details of the appearance, landscaping, and scale of the development (hereafter referred to as the ‘reserved maters’) have been submitted to and approved by the local planning authority.

 
Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. This is an outline application only and such details must be approved before development commences, and to accord with the objectives of Boston Borough Local Plan 1999 Policies G1 and H3 and with the intentions of the NPPF (2018).

 

2.         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 92 of the Town and Country Planning Act 1990.

 

3.         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 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 application forms, the submitted Design and Access Statement and the following plans:

 

§  Ref: ‘Site Location Plan’ (1/6)

§  Ref: B/3129-201 ‘Proposed Site Plan’ (3/6)

 

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.         Notwithstanding the details submitted within the supporting information the development shall include the following flood mitigation measures:

 

§  Finished floor levels shall be set no lower than 3.2m above Ordnance Datum (AOD)

§  Appropriate flood resistence and resilience measures shall be incorporated to no lower than 3.5m AOD

 

The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.

 

Reason: To reduce the risk of flooding to the proposed development and future occupiers in accordance with the intentions of the National Planning Policy Framework,

 

6.         Before each dwelling is occupied the roads and/or footways providing access to that dwelling, for the whole of its frontage, from an existing public highway, shall be constructed to a specification to enable them to be adopted as Highways Maintainable at the Public Expense, less the carriageway and footway surface courses.

 

The carriageway and footway surface courses shall be completed within three months from the date upon which the erection is commenced of the penultimate dwelling.

 

Reason: To ensure safe access to the site and each dwelling/building in the interests of residential amenity, convenience and safety and to accord with Boston Borough Local Plan 1999 Policies G1, G6 and H3.

 

7.         No dwellings shall be commenced before the first 60 metres of estate road from its junction with the public highway, including visibility splays, as shown on drawing number B/3129-201 dated 19 October 2017 has been completed.

 

Reason:  In the interests of safety of the users of the public highway and the safety of the users of the site and to enable calling vehicles to wait clear of the carriageway of Old Main Road and to accord with Boston Borough Local Plan 1999 Policies G1, G6 and H3.

 

8.         Before any dwelling is commenced, all of that part of the estate road and associated footways that forms the junction with the main road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details to be submitted and approved by the local planning authority.

 

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site and to accord with Boston Borough Local Plan 1999 Policies G1, G6 and H3.

 

9.         No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context 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 sfaely conveyed and attenuated during storms up to and 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 which, unless agreed otherwise by the surface water receiving body, shall be restricted to 1.4 litres per second per hectare;

(c) Provide details of the timetable for and any phasing of implementation for the drainage scheme; and

(d) Provide details of how the scheme shall be maintained and managed over the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

            The development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until 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 in accordance with the approved details.

  
Reason: In accordance with the details of the application and to ensure for the satisfactory, sustainable drainage of the site, to ensure that surface water run-off from the development will not adversely affect, by reason of flooding, the safety amenity and convenience of the residents of this site and vicinity and to accord with Adopted Local Plan Policies G1 and G6. This is a pre-commencement condition as the drainage strategy is a fundamental part of the layout and the details need to be agreed prior to any form of development taking place.

 

10.       All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of the first dwelling.  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 Boston Borough Local Plan 1999 Policy G1.

 

11.       A landscape management plan including management responsibilities and maintenance schedules of the public open space and school car parking area shall be submitted to and approved by the local planning authority before the occupation of any dwelling. The landscape management plan shall be carried out as approved thereafter.

 

       Reason: To ensure the long term maintenance of the public open space and school car parking area in the interests of the amenity of residents and to accord with the objectives of Boston Borough Local Plan 1999 Policy H4

 

12.       Prior to the commencement of the development hereby permitted, a Construction Management Plan shall be submitted to the local planning authority for approval. The Construction Management Plan will prescribe where site accommodation and welfare facilities will be placed, 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 Boston Borough Local Plan 1999 Policies G1 and G6.

 

13.       The development shall proceed fully in accordance with the mitigation measures proposed within the submitted Ecology and Protected Species Survey prepared by Scarborough Nixon Associates.

 

            Reason: To ensure that protected species and their habitats are protected and to provide enhancements to provide biodiversity in accordance with Boston Borough Local Plan 1999 Policy G2.

14.       The development hereby permitted shall incorporate a parking area for a minimum of 27 vehicles for Old Leake Primary and Nursery School.

           Reason: In the interests of highway safety and to improve the character of the area in accordance with Policy G1 of Boston Borough Local Plan 1999 and 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.