Agenda item

Demolition of dwelling and outbuildings; Outline planning permission for up to 43 no. residential dwellings (revised down from 46) with consideration given to access (Appearance, Landscaping, Layout, and Scale reserved matters for later approval)

 

Land North of Langrick Road, Boston, PE21 8HT

 

Applicant: Oxygen

Demolition of dwelling and outbuildings; Outline planning permission for up to 43 no. residential dwellings (revised down from 46) with consideration given to access (Appearance, Landscaping, Layout, and Scale reserved matters for later approval)

 

Land North of Langrick Road, Boston, PE21 8H

 

Applicant: Oxygen

 

The Senior Planning Officer presented the report and advised the Committee of amendments to the recommended conditions numbered 4 and 11 in the report.  It was recommended that condition 4 be amended to include an access plan, as the entrance to the site had been resolved since the publication of the report, and that the third bullet point of condition 11 be amended, to allow  discharge rates be submitted to the satisfaction of the local planning authority, i.e. not restricted to 1.4 litres per second, so that this can form part of a detailed drainage design.

 

Mr A Rowse, Planning Consultant, spoke on behalf of the applicant as follows, in summary.  The proposal was for the sustainable development of an unattractive brownfield site, a former depot site, which had been vacant for many years.  It was within an established residential area, within the settlement area and was a designated housing area in the South East Lincolnshire Local Plan (SELLP).  Development had been accepted in principle and the proposal would provide 43 dwellings towards the Council’s 5-year housing supply and would substantially benefit the provision of affordable housing, proposing that 10 of the 43 dwellings would be affordable, which was higher than the 20% requirement of the SELLP. 

 

[Councillor Paul Goodale arrived at 10.25 am – and it was identified that he could not take part in the debate and consideration of the item]

 

Mr Rowse advised the Committee that a number of flood risk measures had been agreed and the Environment Agency had no objections to the application.  The demolition of one existing dwelling would provide a safe and suitable access and footway and the junction to Langrick Road would have adequate splays and safe pedestrian crossing; the Highway Authority had no objections to the application. 

 

It was proposed by Councillor Brian Rush and seconded by Councillor Jonathan Noble that planning permission be granted subject to the completion of the section 106 agreement relating to affordable housing as detailed in the report and the conditions recommended by the Planning Officers with the amendments of conditions 4 and 11, as stated.

 

Vote: Unanimous

 

RESOLVED: That planning permission be GRANTED subject to the completion of the section 106 agreement relating to affordable housing, as detailed in the report, and the following conditions:

 

1.      No development shall commence until details of the layout, scale, appearance and landscaping of the development (hereafter referred to as the 'reserved matters') have been submitted to and approved 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 Policies 2 and 3 of the South east Lincolnshire Local Plan (2011-2036) and required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.      Application for the first submission 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 51 of the Planning and Compulsory Purchase Act 2004.

 

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 be approved.

 

Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

 

  4.       The development hereby approved shall be carried out in accordance with the approved site location plan ref: P/A 1444/05/01 [final wording to be amended in line with recommendation]

 

Reason: To ensure that the development is carried out in accordance with approved plans in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

  5.      The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated May 2019 by Farrow Walsh Consulting reference FW1599/FRA/001-V8 and the following mitigation measures detailed within section 3.2 of the FRA including:

 

§   Finished floor levels to be set no lower than 1.9m above Ordnance Datum (AOD)

§   Ground floors of the dwellings to be restricted to non-habitable accommodation

§   Flood resilience and resistance measures to be incorporated into the proposed development as stated

 

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

 

Reason: To reduce the risk of flooding to the proposed development and future occupants and to accord with Polices 2, 3, 4 and 31 of the South East Lincolnshire Local Plan (2011-2036) and the intentions of the National Planning Policy Framework (2019).

 

6.      Prior to the construction of any building above damp proof course, a detailed scheme for drainage and water infrastructure shall be submitted to and agreed in writing by the Local Planning Authority. The details shall include:

 

§   A scheme for the provision of mains foul sewerage infrastructure on and off the site

§   Details of connection point(s) and discharge rate(s)

 

Prior to the occupation of any dwelling within any phase of the development, the drainage and water infrastructure measures relating to that phase and dwelling must have been carried out in complete accordance with the approved scheme.

 

Reason: To prevent environmental and amenity problems arising from flooding and to accord with Polices 2, 3, 4 and 31 of the South East Lincolnshire Local Plan (2011-2036) and the intentions of the National Planning Policy Framework (2019)

 

7.      The water consumption of each dwelling hereby permitted should not exceed the requirement of 110 litres per person per day (as set out as the optional requirement in Part G of the Building Regulations 2010 and the South East Lincolnshire Local Plan, 2019). The person carrying out the work must inform the Building Control Body that this duty applies. A notice confirming the requirement for the water consumption has been met shall be submitted to the Building Control Body and Local Planning Authority, no later than five days after the completion of each individual dwelling.

 

Reason: To protect the quality and quantity of water resources available to the district. This condition is imposed in accordance with Policy 31 of the South East Lincolnshire Local Plan (2011-0236).

 

8.      The development hereby approved shall be carried out in accordance with the recommendations contained within the submitted Preliminary Ecological Appraisal prepared by Skilled Ecology Consultancy Limited (dated August 2018).

 

Reason: To ensure that protected species and their habitats are protected and to provide enhancements to biodiversity in accordance with Polices 2, 3 and 28 of the South East Lincolnshire Local Plan (2011-2036).

 

9.      Prior to the commencement of development above slab level, final details of measures that aim to reduce pollution and promote renewable and low carbon energy (including measures such as facilities for EV car charging) and details relating to the timing of their implementation, shall be submited to and approved in writing with the Local Planning Authority. The development shall be constructed in accordance with the approved measures.

 

Reason: To help reduce pollution and promote renewable and low carbon energy in new development schemes and to accord with Policies 2, 3 , 30 and 31 of the South east Lincolnshire Local Plan (2011-2036) and to accord with the intentions of the National Planning Policy Framework (2019).

 

10.    Before any dwelling is occupied, 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 to, and approved in writing by, the Local Planning Authority.

 

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels. This condition accords with Polices 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

11.    Prior to the commencement any estate roads, final details of an estate road and completion plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include details of how the construction of the development would be phased and standards to which the estate roads on each phase will be completed during the construction period of the development. The delivery of the estate roads shall be undertaken in accordance with the agreed plan.

 

Reason: To ensure that a safe and suitable standard of vehicular and pedestrian access is provided for residents throughout the construction period of the development and to accord with Polices 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

12.      The permitted development shall be undertaken in accordance with a surface water drainage scheme that shall first have been approved in writing by the Local Planning Authority.

 

The scheme shall:

 

·         Be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development;

·         Provide details of how run-off will be safely 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;

·         Provide attenuation details and discharge rates to the satisfaction of the local planning authority; [final wording to be amended in line with recommendation]

·         Provide details of the timetable for any phasing of implementation for the drainage scheme; and

·         Provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangments for adoption by any public body or statutory undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

 

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: To ensure that the development hereby permitted is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the development permitted. This condition accords with Policies 2, 3 and 4 of the South East Lincolnshire Local Plan (2011-2036) and the intentions of the National Planning Policy Framework (2019)

 

13.     Where an unacceptable risk or risks have been identified within the submitted risk assessment, 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 Local Planning Authority (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 Local Planning Authority.

 

Reason: To ensure the proposed remediation plan is appropriate and to accordwith Policy 30 of the South East Lincolnshire Local Plan (2011-2036).

 

14.     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 Local Planning Authority. (LPA).

 

Reason: To ensure site remediation is carried out to the agreed protocol and toaccord with Policy 30 of the South East Lincolnshire Local Plan (2011-2036).

 

15.     Within two months of completion of remediation, two copies of a closure report shall be submitted to the Local Planning Authority (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 had been carriedout to the required standards and to accord with Policy 30 of the South East Lincolnshire Local Plan (2011-2036).

 

16.     If during development, contamination not previously considered is identified, then the Local Planning Authority (LPA) shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with suspect contamination has been submitted to and agreed in writing with the Local Planning Authority.

 

Reason: To ensure all contamination within the site is dealt with and to accordwith Policy 30 of the South East Lincolnshire Local Plan (2011-2036).

 

17.    Prior to the commencement of the development above ground level, a Construction Management Plan shall be submitted to the Local Planning Authority for approval in writing. The Construction Management Plan will prescribe how the construction of the site will be phased, where site accommodation and welfare facilities will be placed, hours of working, 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, in the interests of residential amenity and to accord with Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

            Informatives

 

1.         All roads within the development hereby permitted must be constructed to an engineering standard equivalent to that of adoptable highways. Those roads that are to be put forward for adoption as public highways must be constructed in accordance with the Lincolnshire County Council Development Road Specification that is current at the time of construction and the developer will be required to enter into a legal agreement with the Highway Authority under Section 38 of the Highways Act 1980. Those roads that are not to be voluntarily put forward for adoption as public highways, may be subject to action by the Highway Authority under Section 219 (the Advance Payments code) of the Highways Act 1980.

 

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.         The drainage strategy proposes SUDs attenuation ponds and a storm overflow to a culverted drain. This strategy needs to consider the implications of the contamination found on the site to ensure no pathway is created for site contaminants to contaminate the wider water environment. Specific advice should be sort from the Environment Agency in this regards