Agenda item

Outline application with some matters reserved (scale, appearance and

landscaping) for proposed residential development of up to 83 no. dwellings

           

Land to the east of White House Lane, Fishtoft, Boston, PE21 0BH

 

Messr John T & Peter R Woods

 

Outline application with some matters reserved (scale, appearance and landscaping) for proposed residential development of up to 83 no. dwellings

 

Land to the East of White House Lane, Fishtoft, Boston, PE21 0BH

 

Messr John T & Peter R Woods

 

The Growth Manager presented the report confirming that it had been presented to committee in July and had been re-presented to committee due to the completion of the legal agreement.  Since the time of the initial submission the NPPF had been updated along with the SELLP which now required significant weight being given in respect of policies.  The site had been identified within the SELLP for housing.  The only update within the report was under section 5 to take account of the significant weight now given to policy 1. At the initial submission, committee had resolved to approve the development and members were advised that unless the committee concurred that there was a change in the material planning considerations, which would warrant a different resolution, permission should be grated as previously.

 

The Growth Manager then confirmed that she had received a signed copy of the agreement and the decisoin would be issued once all final stages had been addressed.

 

No representation was received in respect of this item.

 

It was moved by Councillor Paul Skinner and seconded by Councillor James Edwards that the committee grant the application in line with officer recommendation subject to the proviso of the signing of the 106 agreement and subject to the conditions and reasons therein:

 

Vote:    In Favour:  8.    Against:  1.      Abstention:  1

 

RESOLVED:    That the application be granted in line with officer recommendation subject to the signing of the 1 agreement and 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 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:

 

§    Location Plan (2451-03) (1/3)

§    Proposed Site Layout (2451-04 Revision B) (2B/3)

 

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 Unda Consulting Limited ‘Flood Risk Assessment and Surface Water Drainage Strategy for Planning, Reference 87534, dated March 2018, and the following mitigation measures detailed in the FRA:

           

Either

 

§  No living accommodation located on the ground floor, which shall be   restricted to garage, WC and utility room only.

 

Or

 

§  Finished floor level of the dwellings set no lower than 3.2m AOD

§  Flood resilient and resistant construction techniques incorporated  up to a   height of 300mm above predicted flood level; and

§  Demountable defences provided to a height of 600mm above finished floor level to cover all external ground floor doors.

 

      Each of the dwellings must be a minimum of 2 storeys.  The mitigation measures shall be implemented prior to occupation and shall subsequently remain in place.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with the National Planning Policy Framework 2018.

 

6.           Prior to the commencement of the development hereby permitted, a  

  Construction Environmental Management Plan (CEMP) shall be submitted to 

  and approved in writing by the Local Planning Authority.  Development shall  

  then be carried out in accordance with the approved CEMP.  The CEMP shall

  include (though not be restricted to) the following details:

 

a)  a traffic management plan incorporating the routing of construction traffic   and details of heavy vehicle movement patterns (including the earliest and latest times, and the suspension of trips during peak traffic times)

b)  measures to minimise and control noise, vibration, dust, dirt and fumes during the development period

c)  details of onsite parking facilities for both visiting construction vehicles and deliveries and workers on the site

d)  the loading and unloading arrangements for heavy plant and machinery and materials

e)  the location of storage of plant and materials used in constructing the  development

f)    measures to avoid disturbance to nesting birds and other wildlife

g)  measures to prevent mud being deposited on the surrounding highway

h)  the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

i)    a programme for the implementation of all of the above items.

 

Reason: To minimise the impact of the development during the construction period, and to accord with Policy G1 of the Boston Borough Local Plan 1999.

 

2.          A scheme for the provision of electric vehicle recharge points at a minimum rate of one per dwelling shall be installed and operational prior to the occupation of the dwellings and shall be retained thereafter for that purpose.

 

Reason: In compliance with the National Planning Policy Framework

2018.

 

3.          A detailed landscape plan/report shall be submitted to the Local Planning Authority for approval in writing showing:

 

§  a minimum of 0.28 hectares of public open amenity space in accordance with the Planning Statement which demonstrates how it maximises its amenity value for future occupiers of the application site;

§  proposed play equipment

§  the proposed landscaping of the area; and

§  Ecological enhancements.

 

      The approved public open space shall be made available for use and ecological improvements provided, before 50% of the dwellings hereby permitted are first occupied.  The public open space shall not at any time be incorporated within the curtilage of a dwelling and shall be retained for its permitted use thereafter.  The development shall be carried out in accordance with the approved details.

 

Reason: To provide an appropriate amount and satisfactory design of public open space and play provision within the development and to accord with the objectives of policy H4 of the Boston Local Plan 1999.  To provide an acceptable layout and ecological enhancements for the swale to accord with the objectives of Policy G1 of the Boston Local Plan 1999 and National Planning Policy Framework. 

 

4.          The Reserved Matters application shall include details of the provision of a 1.8 metre wide footway, together with suitable means of collection, conveyance and disposal of highway surface water run-off, along the entire White House Lane frontage of the application site.

 

Reason:  To ensure the provision of safe and suitable means of pedestrian access to the development hereby permitted and to ensure the highway surface water run-off that presently infiltrates into the highway verge, is suitably managed once the development is constructed in accordance with the National Planning Policy Framework 2018 and Policy G3 of Boston Borough Local Plan 1999.

 

5.          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 which shall be submitted to and in writing by the Local Planning Authority.

 

Reason:  In the interests of safety of users of the public highway and the safety of users of the site in accordance with the National Planning Policy Framework 2018 and Policy T1 of the Boston Borough Local Plan 1999.

 

6.          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 site, 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 an 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 systems without exceeding the run-off rate for the undeveloped site;

 

b)    Provide attenuation details and discharge rather which unless agreed otherwise with the surface water receiving body shall be restricted to 1.4 litres per second per hectare;

 

c)    Provide details of the timetable for 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, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system through 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.

 

Reason: To ensure that residents of the development permitted, neighbouring properties and neighbouring land are not adversely affected, by reason of flooding, by the construction of the development in accordance with Policies G1 and G6 of the Boston Borough Local Plan 1999.

 

7.           No more than 83 dwellings shall be erected on this site.

Reason:    To define the permission and to accord with Boston Borough Local Plan 1999, Policy G1.

 

8.          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 in the interests of residential amenity, convenience and safety and to accord with Boston Borough Local Plan 1999, Policy G6.

 

9.          No dwellings shall be commenced before the first 60 metres of the estate road from its junction with the public highway, including visibility splays as shown on drawing number 2451-04 revision B been completed.

 

Reason:  In the interests of safety of the users of the public highway and residents of the permitted development and to enable construction and material delivery vehicles and the vehicles of construction personnel to wait clear of the carriageway of White House Lane in accordance with Policy G6 of the Boston Borough Local Plan 1999.

 

10.        If, during development, contmination not previously considered is  

identified, then the LPA shall be notified immeidately and no further work shall be carreied out until a method statement stailing 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 saved Policy G1.

 

In determining this application the authorioty has taken account of the guidance in paragraph 38 of the National Planning Framework (2018) in order to seek to secure sustainable develoment that improves the economic, ocial and environemntal conditions of the borough.

 

INFORMATIVES:

 

1………   Please refer to ‘Improving Flood Performance of New Buildings –

                Flood Resilient Construction’ (DCLG, 2007) for information on flood

                resilience and resistance techniques.

 

1.                       Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement.  Therefore the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space.  If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991, or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus.  It should be noted that the diversion works should normally be completed before development can commence.

 

It is recorded that Councillors Stephen Woodliffe re-joined the meeting at this part in the proceedings and that Councillors Brian Rush and Claire Rylott absented from the meeting.