Agenda item

Approval of reserved matters (appearance, landscaping, layout and scale) following outline approval B 17 0359 for residential development up to 5 dwellings.

The Growth Manager presented the report advising that there were no updates to the report tabled within the papers.  Committee were provided with a brief re-cap on the initial application for the benefit of the new members on the committee.  The Growth Manager advised that the application had initially been refused by the planning committee:  The applicant had then appealed the committee decision which was then submitted to the Planning Inspectorate for final determination, whereby it was overturned with the Inspector allowing the application. 

A second application was then tabled and again refused by the committee.  That one was also appealed by the applicant and again was overturned by the Inspector who allowed the appeal.

Representation was received in objection to the application by Mr Hone which included the following:

Stating he had spent 11 years as a Project Manager for Highways England Mr Hone advised that he had no issue with the proposal to development of the site, as long as it was in keeping with the surrounding area; that construction of the site met the proper criteria and that the neighbours were fully consulted and given consideration:  He did state however he had serious concerns with the reserved matters and the decision made in respect of access.

He advised committee that he had written to the Planning Inspector citing his concern that the decision made had not taken into consideration the concerns raised in respect of the proposed access to the site and the issues of vehicles meeting cyclists and pedestrians. Mr Hone stated that when an alternative access to a site was available, it should be taken into consideration and that both the Inspector and Lincolnshire County Council should have undertaken a site visit to view the proposed site and alternative one.

The Legal Officer provided a point of clarification for members following Mr Hones’ representation stating that there was nothing committee could do about the access to the site:  He referenced the decision of the Inspector in point 4 of Appeal A in that ‘The development hereby permitted shall be carried out in accordance with the following approved plans: J1468-PL-01 Rev A03 (insofar as it delineates the access and site boundaries) and J1468-PL-02 Rev A01.

It was moved by Councillor Jonathan Noble and seconded by Councillor Brian Rush that the application be refused contrary to Officer recommendation as it contravened Policy 2 (development) and Policy 3 (design of new development) of the Local Plan.

In Favour: 5.       Against 7.     Abstentions: 0

The motion fell.

It was moved by Councillor Michael Cooper and seconded by Councillor Tom Ashton that the application be granted in line with officer recommendation, subject to the conditions and reasons therein and subject to the addition of a further condition to restrict Permitted Development Rights on Plots 1 and 5 within the application relating to both dormer windows and roof lights.

In Favour: 7.       Against 5.     Abstentions: 0

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

1          The development hereby approved shall be carried out in accordance with the following approved plans:

·         Location  plan and block plan ref 19/01/HRH/pr-01 rev B

·         Proposed site plan ref- 19/HRH/Pr-02 rev C

·         Plot 1 -Proposed floor and roof plans ref 19/01/HRH/Pr-03 rev B

·         Plot 2 -Proposed floor and roof plans ref 19/01/HRH/Pr-06 rev A

·         Plot 3 –Proposed floor and roof plans ref 19/01/HRH/Pr-09 rev A

·         Plot 4 –Proposed floor and roof plans ref 19/01/HRH/Pr-11 rev A

·         Plot 5 – Proposed floor plan and roof plans ref 19/01/HRH/Pr -13 rev B

·         Plot 1 Proposed elevations ref 19/01/HRH/Pr-04

·         Plot 2 –Proposed elevations ref 19/HRH/Pr-07

·         Plot 3- Proposed elevations ref 19/01/HRH/Pr-10

·         Plot 4- Proposed elevations ref19/01/HRH/Pr-12

·         Plot 5- Proposed elevations ref 19/01/HRH/Pr-14

·         Plot 2-Proposed elevations and Proposed detached garage- plots 2 and 4 ref 19/01/HRH/Pr-08

·         Proposed detached garage –plot 1 ref 19/01/HRH/Pr-05

Reason:  To ensure the development is undertaken in accordance with the approved details and to accord with Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

2          Notwithstanding the submitted details, before any development takes place above ground level, full details of hard and soft landscaping works shall have been submitted to and approved in writing by the local planning authority.  The scheme shall include:

a)     boundary treatment

b)     hard surface materials

c)     minor structures

d)     planting schedules (species, sizes densities)

e)     existing trees to be retained/removed

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 Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

3          All landscape works shall be carried out in accordance with the approved details within 6 months of the date of the first occupation of any building or completion of development whichever is the sooner. 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 the objectives of policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

4          Before occupation of any of the dwellings hereby approved details of the external lighting including future maintenance and management to be provided along the private drive shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried as approved before occupation of any dwelling house or in accordance with timescales to be agreed in writing by the Local Planning Authority.

Reason: In the interests of residential amenity, safety and crime prevention and to accord with the objectives of Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

5          Prior to the commencement of the development hereby approved, a construction management plan shall be submitted to and approved in writing by the Local Planning Authority. The construction management plan shall prescribe how the construction of the site will be phased, where wheel wash facilities will be provided, hours of working, where accommodation and welfare facilities will be provided, where site vehicles and vehicles of site personnel will be parked and where materials will be stored and delivered on site. Construction of the permitted development will be undertaken in accordance with the approved construction management plan.

Reason:  In the interests of amenity and the safety and highway safety and to accord with the objectives of policies 2, 3 and 30 of the South East Lincolnshire Local Plan (2011-2036). 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

6   Notwithstanding the provisions of the Town and Country Planning            (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), no development within Class B or Class C of Part 1 of Schedule 2 shall take place at Plots 1 and 5.

           Reason:  (In the interests of the residential amenity of neighbouring residents in accordance with Policies 2 and 3 of the South East  Lincolnshire Local Plan 2011-2036.

Note to applicant: You should be aware that conditions 1-9 attached to outline permission ref B/17/0359 apply to this development.

In determining this application the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2019 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.