Agenda item

Proposed residential development consisting of 61 dwellings and construction of new vehicular access and associated work.

Land to the west of 90, 92 and 94 Fenside Road  Boston

Seagate Homes Ltd

Proposed residential development consisting of 61 dwellings and construction of new vehicular access and associated work.

Land to the west of 90, 92 and 84 Fenside Road  Boston Borough Council

Seagate Homes Ltd

The Senior Planning Officer presented the report and confirmed that there were no updates to the report tabled within the agenda. 

Addressing the developer contributions for Education and Health, the Officer advised that the applicant had submitted a viability statement to try to demonstrate that the scheme would not be viable with such obligations and they would only be able to provide 8 affordable dwellings:  build costs, professional fees and site value being cited as supporting evidence.   The statement had been independently assessed and the conclusion of that had been that the scheme would be unviable if the 20% level of affordable was met alongside the provisions of the financial contributions.  The conclusion did indicate the scheme would be viable with a reduced overall ask.

Following detailed discussions, the applicant agreed to 8 of the 61 dwellings being allocated as affordable housing providing 13% against the agreed 20% with no financial contributions.  It was considered that whilst the scheme fell short in the offer of the affordable allocation, overall it would on balance appear acceptable and in line with the conclusion of the independent assessor.  Members were also advised that they submission of an ecological report was awaited, but subject to that being returned with no adverse comments, that may be minded to grant permission on the basis but with further conditions relating to ecology if required.

Representation was received in objection to the application from Mr Willians  which included:

Advising committee we was the resident of no 88 Fenside Road, Mr Willians advised he was speaking on behalf of himself and neighbours at no 92 Fenside who had been unable to attend the meeting.

A number of concerns were noted about the application including the close proximity of proposed properties being so much closer than existing neighbouring dwellings and significant overshadowing which would result in a substantial loss of daylight hours especially in the summer months.  The lack of clarity in respect of fencing and boundary lines was also causing distress for residents who when questioning the provision had received little feedback. There appeared to have been mention of a gap being left between the properties to allow fencing to be erected but concerns were further raised that residents had not been approached to give permission to the builders to access their land to construct the fencing.  Residents had asked if it would be possible to have a brick wall between the properties which would benefit all parties; improve privacy and moreover be easier maintenance for those both side of the wall.  Referencing flood risk issues committee were advised that the area had been subject to flooding with residents regularly receiving text updates on potential flooding.  Mr Willians questioned what measures would be put in to place to mitigate future flooding, to avoid not only putting the future residents (young families) of the proposed new homes, at risk, but to also prevent increased flooding to existing residents. Concluding, committee were asked to note the loss of green space and existing trees which had always been on the existing site and the very small allocation of green space being proposed within the development. 

Prior to deliberation a member sought clarification of any implications on the Council in the event of any issues arising between the buildings.  The Legal Officer confirmed that as there were no standard distances set within the policy it was down to planning decisions in respect of amenity.  Further questions were raised by Cllr Rush in relation to the responsibility for the ditch on the common boundary, advice was provided by Officers and the Legal Representative on this issue.

General committee deliberation included concerns in respect of overlooking and separation distances; potential over development with 61 dwellings possibly being too many on the site and issues in respect of potential flooding issues on the site which could disperse onto neighbouring properties.   Further concern noted the 3m floor level and the lack of adopted roads within the site and future issues arising there from, including the collection of waste bins.   The Planning Officer referred the members to condition 3 within the report which whilst stating no lower than 3.10 above Ordnance Datum the actual floor level would be approximately 0.7m above ground level in line with MSN.  Members were then referred to condition 8 within the report, requiring written submission of procedures for the bin collection areas for all the private drives.

Referencing over-development of the site the Planning Officer confirmed that the initial application had been for 69 dwellings which had been reduced to 61 to enable inclusion of open space amenity.

Addressing the reduction in affordable housing a member noted that whilst it was disappointing, 13 dwellings were welcome in that area.  Members further acknowledged that the design of the dwellings was good; the DPH was in keeping with the area and that parking had been addressed with two spaces per dwelling.   Overall committee recognised that the application was within the SELLP, no statutory objections had been raised which had not been addressed by condition and that there was a need for such developments within the town area.

It was moved by Councillor Jonathan Noble and seconded by Councillor Paul Skinner that committee grant the application in line with officer recommendation, subject to the conditions and reasons therein, subject to the conclusion of a Legal Agreement, to the satisfactory conclusion of ecological matter including conditions as necessary and subject to the inclusion of a condition or obligation within the legal agreement to ensure that provision of a management plan for the public open space and any non-adopted roads.

Vote:        7 in favour.     1 against.

RESOLVED:  That committee grant the application in line with officer recommendation, subject to the conclusion of a Legal Agreement, to the satisfactory conclusion of ecological matter including conditions as necessary and subject to the inclusion of a condition or obligation within the legal agreement to ensure that provision of a management plan for the public open space and any non-adopted roads and subject to the following conditions:

CONDITIONS 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 approved shall be carried out in accordance with the

following approved plans:

§  Ref: 410.SL.01 Rev E – ‘Site Layout and Location Plan’

§  Ref: 410.Skip.01 – ‘Skipton: Floor Plan and elevations’

§  Ref: 410.App.01 – ‘Appleby: Floor Plans and elevations’

And read in conjunction with the various recommendations of the supporting documents which accompany the application unless varied by other conditions attached to and forming part of this decision.

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)

  3.       The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated September 2018 completed by S M Hemmings and the following mitigation measures detailed within the FRA including:

§   Finished floor levels to be set no lower than 3.10m above Ordnance Datum (AOD)

§   All dwellings to be at least two storey

§   Flood resilient construction to be included to a height of 300mm above the predicted flood depths

 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).

4.    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)

5.       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).

6.       Prior to the construction of any building above damp proof course, 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).

7.      No development shall take place above damp proof course, until details of the materials proposed to be used in the construction of the external surfaces have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: No details of materials have been submitted, these details are required in the interests of the amenity of the area and to ensure that the new buildings are in

keeping with the character of the area to accord with the objectives of Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036) and the intentions of the National Planning Policy Framework (2019).

8.      No development shall take place above damp proof course, until details of the bin collection areas for all private drives have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: No details of these areas have been submitted and refuse lorries will not be able to access private drive areas and therefore bins need to presented at the adopted highway. This condition accords with the objectives of Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036) and the intentions of the National Planning Policy Framework (2019).

9.         Prior to the construction of any building above damp proof course, full details of both hard and soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority.  The details shall include

                     a)  boundary treatment

                     b)  hard surface materials

c)    minor structures

d)    planting schedules (species, sizes densities etc)

e)    existing trees to be retained/removed

f)     biodiversity mitigation and enhancement measures

The approved works shall be carried out in accordance with the approved

details. 

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

   10.    All landscape works relating to each completed part of the development

           shall be carried out in accordance with the approved details within 6

           months of the completion of that part of the development. 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 to ensure an effective landscaping

scheme is delivered, including planting of trees, and to ensure that the approved scheme is implemented satisfactorily, in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

   11.    Prior to the commencment of any part of the development above slab

           level, details shall be submitted to and approved by the Local Planning

           Authority for the provision of one (1) fire hydrant or other acceptable

           alternative along with a timetable for its installation relative to the

           phasing of the development. The fire hydrant (or other acceptable

           alternative) shall be installed at the relevant point of development

in accordance with the agreed timetable.

Reason: To enable the protection and maintenance of the development and to

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

 12.    Prior to the construction of any road or building, details of all roads (including footways and junctions) shall be submitted to, and approved in writing by, the Local Planning Authority.

Before any dwelling is occupied, all of that part of the estate road (including associated footways and junction with the main road) that serves that dwelling shall be laid out and constructed in accordance with the agreed details.

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).

 13.    Prior to the construction of any building above damp proof course, a detailed surface water drainage scheme shall be submitted to the Local Planning Authority for agreement in writing.

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 which shall be restricted to a level that shall be submitted to and agreed by the Local lanning Authority

§   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, and all surface water measures relating to that phase and dwelling have been completed. 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).

 14.    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).

It is recorded that Councillors Alison Austin and Stephen Woodliffe re-joined the meeting at this point in the proceedings.