Agenda item

Resubmission of B/18/0192 for the erection of single storey building to form

veterinary practice (Class D1), car park area and associated works

Plot 6 Endeavour Park, Boardsides, Boston, PE21 7TR

Mr D Feldmar

Resubmission of B/18/0192 for the erection of single storey building to form veterinary practice (Class D1), car park area and associated works.

Plot 6, Endeavour Park, Boardsides, Boston, PE21 7TR

Mr D Feldmar

The Growth Manager presented the report confirming that the application was presented as a departure from both the Adopted and Emerging Local Plans.  Sustantiating evidence had been provided that the site had been marketed for policy compliant development between July 2015 and May 2018 with no intrrest having been shown.   

The Growth Manager advised committee it may wish to add a further condition to  only permit the use of the development as a D1 Veterinary Surgery and for no other uses within that use class.

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

Stating he could add little to the statements within the report which he felt to be very fair, Mr Hey advised the reason he had attended was because he felt it discourteous to have the report presented at committee without actually being in attendance.  He reitereated just how hard the marketing agents had tried to find somebody to try to buy or rent the site:  the current proposal was the only one to emerge after the high number of information packs being sent out.  All the agents had tried very hard and in line with the outcome, Mr Hey stated he hoped that the minor departure was acceptable as it would add to the locality.

It was moved by Councillor James Edwards and seconded by Councillor Jonathan Noble:

That committee grant the application in line with officer recommedation, subject to the conditions, reasons and informatives therein and subject to the additional condition to prevent the change of use.

Vote:       In Favour    13.     Against    0.    Abstention    0

RESOLVED:       That committee grant the application in line with officer recommendation subject to the following condition and informatives:

1.         The development hereby permitted shall be begun before 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 carried out in strict accordance with the application received 14-Sep-2018 and in accordance with the associated plans referenced:

§  1/2 Site Location Plan

§   0139/18/01 – Floor Plans and Elevations

Reason: To ensure the development is undertaken in accordance with the approved details, in the interest of residential amenity and to comply with Saved Policy G1 of Boston Borough Local Plan 1999.

3.         The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment dated May 2018, incorporating the following mitigation measures:

§  Finished floor levels to be set no lower than 2.2mAOD

§  All electrical sockets to be a minimum of 450mm above the finished floor level.

The mitigation measures shall be fully implemented prior to occupation and be maintained for the lifetime of the development.

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

4.       The development hereby permitted shall be open to the public Monday to 

          Friday between the hours of 08:30 and 18:00 only and at no other time.

      Reason:  To protect the amenities of the occupants of neighbouring

      residential properties and in accordance with Saved Policy G1 of Boston Borough Local Plan 1999.

5.       Notwithstanding the provisions of Article 3 of the Town and Country    

      Planning Use Classes Order 1987 and Schedule 2 of the Town and

      Country Planning (General Permitted Development) (England) Order

      2015 (or any orders revoking or re-enacting these Orders) this

      permission shall only permit the use of the development as a D1  

      Veterinary Surgery and for no other uses within that use class or as

      permitted within the above legislation

Reason:     To enable the Local Planning Authority to fully consider the effects of development normally permitted by these Orders in the interest of protecting the residential amenity of adjoining occupiers in accordance with Policy G1 of the Boston Borough Local Plan 1999.

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.

Informatives

1.    The permitted development requires the formation of a new/amended vehicular access.  Applicants should note the provisions of Section 184 of the Highways Act 1980.  The works should be constructed to the satisfaction of the Highway Authority in accordance with the Authority's specification that is current at the time of construction. For further information, please telephone 01522 782070.

2.    Please contact the Lincolnshire County Council Streetworks and Permitting Team on 01522 782070 to discuss any proposed statutory utility connections and any other works which will be required within the public highway in association with the development permitted under this Consent. This will enable Lincolnshire County Council to assist in the coordination and timings of these works.

3.    Your attention is drawn to the contents of the letter from Black Sluice Internal Drainage Board dated 19 October 2018 and enclosed with this decision letter.

It is recorded that Councillor Stephen Woodliffe absented from the meeting table at this point in the proceedings and moved into the public gallery.