Agenda item

Erection of 31 dwellings, new access and infrastructure following demolition of existing dwelling.

 

Land off Station Road   Kirton   Boston   PE21 1LQ

 

D and R Homes  (Kirton)  Ltd

 

Erection of 31 dwellings. New access and infrastructure following demolition of existing dwelling.

 

Land off Station Road   Kirton   Boston

 

D and R Homes  (Kirton) Ltd

 

The Senior Planning Officer presented the report to committee and confirmed there were no update matters to table following issue of the agenda.   Committee were reminded that the application was determined on Heads of Terms which were not consistent with the adopted policy due to the schemes viability position, which had resulted in no contributions being proposed by the applicant.    Members were asked to recognise the importance of the history of the site and to take it into consideration during deliberation:  the initial refusal by committee in 2016 had been allowed at appeal and the site still had an extant permission for 30 dwellings.

Referencing the key issues considered by the Inspector the Senior Planning Officer reaffirmed that Highway Safety; planning obligations and the impact on the TPO’s had all been found to be acceptable.    The findings of the Councils’ own independent assessment of the applicant’s viability assessment had acknowledged the challenges faced to develop the site. specifically flood risk; piled foundations and relocation of an overhead line.  The assumptions identified were reasonable and the scheme would be unviable should it be subject to any provision for affordable housing or any financial contributions. 

 

Representation was received from Mr Roberts in objection to the application which included the following comments:

 

Committee were advised Mr Roberts had resided on Station Road since 1986 with his residence being approximately 40 metres from the site.  He noted he knew the locality very well and stressed he did not object to development of the site in principle:  his concern was the proposed access and the removal of two lime trees which were subjected to Tree Preservation Orders.  

Mr Roberts voiced serious concerns on both the existing traffic volumes along the A16 and the significant increases the development would cause.   He noted the effect such a significant increase would have on pedestrians, along with the impact on local amenity and increased congestion at the nearby roundabout, which already experienced ongoing queuing throughout the day.  Movements of both HGV and agricultural traffic had increased significantly in the area due to industry on Washdyke Road.  Additional traffic had also been experienced through increases in visitors to the RSPB at Frampton Marsh and also in usage of the nearby Graves Park social facility with car boot sales; social evenings and various events.  

Committee were asked to recognise the option of an alternative access to the site from Wash Road as had been identified in the original application in 2016:  Mr Roberts stated that by moving the access it would reduce traffic queuing on the A16; improve pedestrian safety and improve the amenity of residents on site. 

 

Representation was received from the Agent Mr Smith on behalf of the applicant which included:

 

 

Stating that the site was now allocated within the Local Plan Mr Smith provided a brief overview of the layout of the houses on the site and confirmed that the retained trees would integrate naturally in to the development.

Committee were further asked to note that the proposed access was the same as the application which had been allowed on appeal; that no objections had been raised by Environmental Health during the Geo Environmental report subject to the one additional condition in respect of contamination on the site, and that no statutory consultee with the exception of the Parish Council, had tabled any objection.

Mr Smith advised that the houses proposed within the development would be aimed at the affordable end of the market.   Referencing the viability of the site, confirmation was given that the original application by the land owner had not been subject to a financial appraisal, however one had been carried out by the developer of this application.  That appraisal had identified that no sustainable drainage was on the site, that piled foundations would be needed and that the overhead line would need to be relocated.  All the costs identified had been considered reasonable and had proved the site to be unviable, should it be subject to any affordable housing allocation or any financial contributions.   Concluding committee were advised that should the application be granted, the applicant had indicated they could deliver completion of the build within 18 months.

 

Representation was in received by Parish Councillor Sharp on behalf of Kirton Parish Council which included:

 

Members were advised that Kirton Parish Council continued to object to the application as it had concerns in respect of a lack of any affordable housing contribution; issues in respect of access from the narrow road resulting in endangering highway safety and also at the loss of the TPO’s.

The Parish Council questioned why the previous application had been subject to an affordable housing contribution; why the SELLP which the site was allocated in required an affordable housing contribution and yet the application contained none:  the Council Parish felt it to be contradictory in addressing the common need. 

Reiterating comments made by the objector, the Parish agreed that the increased volumes in HGV movements due to businesses along Skeldyke Road including ‘Ripe Now’, together with the increases agricultural movements would severely impact on the A16 and in particular on the roundabout with increases in queuing.  The parish felt access from south side of Wash Road would be preferable:  stating most households had two cars the site had the potential for 62 vehicles exiting the site directly onto Station Road at peak times of the day, causing significant queuing at the roundabout and serious increases in pedestrian safety.   Further concerns noted the removal of the 3 trees impacting on the existing amenity of the area with the Parish Council feeling any replacement with small trees would not mitigate the loss of the established trees.

In conclusion committee were asked, should they grant the application, to request both developer contributions and an affordable allocation of houses.

Member deliberation followed which included the following questions and comments:

 

A number of member concerns echoed many of those made by members of the public who had already addressed the meeting, speaking in objection to the application.  They included concerns about the lack of affordable homes; the lack of any contributions and a range of issues in respect of the access to the site including impact on pedestrian safety, issues in respect of queueing at the roundabout and dangers at the access point for larger vehicles including waste vehicles and delivery vehicles.  Further concerns agreed the loss of the trees. The suggestion was made for an alternative access off Wash Road with a one way in and one way out system being operated within the site.

A member stated he felt the application contravened policy 18 due to the lack of any affordable housing; policy 6 at the lack of any contributions and policy 3 due to the design of the fenestration’s proposed.  The member further noted that it appeared the proposal was contrary to the Inspectors findings, with point 42 of the appeal stating that the Council was unable to demonstrate a five year housing supply, which clearly it now could. Advice was given to the Committee from the Legal Adviser and the Growth Manager regarding these issues.

 

Further questions raised for clarity were answered by the Senior Planning Officer including:

Parking spaces were dedicated parking spaces accessed from the street for each dwelling in parking bays at the front of the dwellings or a parking court.

There had been no access from Wash Road onto the site in the previous application and the apparent access on a map was in fact a pedestrian access only, across the rear of the terraced houses.

Raised floor levels would be 3.9 above O.D

The Growth Manager confirmed that the application tabled for determination was a new planning application and was a totally separate application to the last one. Although that application as a ‘fallback’ was a significant material consideration.  He stressed that issues being tabled in respect of highways had all been considered by the Inspector during the appeal, and the appeal notice within the agenda itemised the outcomes between point 10 and 26 pf the notice, which concluded that the access was found to be appropriate.

He further reminded committee that whilst the previous applicant had not undertaken a financial appraisal on the site, the new developer had and that had raised a number of costly actions that needed to be addressed to progress the site.  Having had the appraisal independently assessed, the costs identified had been found reasonable and had proven the site to be unviable for any affordable housing allocation or financial contribution.  The fact that the original application had been subject to both requirements was irrelevant and was not for consideration in the new application. In addition,both policies of the SELLP and the NPPF did allow for a reduction or removal of both affordable housing allocations and section 106 contributions when evidenced. 

Following further discussion on the lack of both affordable housing and financial contributions, the Legal Officer addressed the committee and stated that members needed to be very mindful of the importance of the viability assessment which had proven legally sound reasons to allow the application to come forward without the need for any section 106. contribution or affordable allocation. 

 

Councillor Bedford addressed the committee, advising that in his view and experience the Council would be wide-open at Appeal if this application were to be refused. He found the access to be acceptable and preferable to a new access onto Wash Road which would require people to turn right across the A16. He also felt a one-way route, had potential to become a racetrack and was not appropriate. Design he concluded was in ‘the eye of the beholder’. Overall, he was supportive of the application.

 

Councillor Goodale queried whether the affordable housing could be dealt with by condition or legal agreement, citing the discussion within the previous Appeal. Advice was provided by the Growth Manager that the approach can change depending on the circumstances, but in relation to this application was not a significant consideration as no contributions or affordable housing was proposed.

 

The Chairman addressed the meeting and whilst agreeing many of the committee’s concerns in respect of the access and the design and fenestration, he reaffirmed the legal position in respect of the viability assessment and expressed his concern that should committee refuse the application on any of the reasons allowed within the appeal or within the financial appraisal, then officers would be unable to defend any such decision at appeal. 

 

It was moved by Councillor Tom Ashton and seconded by Councillor Paul Skinner that committee grant the application in line with officer recommendation, subject to the conditions, reasons and informatives therein.

 

It is noted that a second motion by Councillor Noble and seconded byCouncillor Woodliffe tabled a negation of the move to grant citing policies6, 18 and 3 of the SELLP:  the original motion to grant was taken to the vote first.

 

Vote:    9 in favour.     3 against.     0 abstention.

 

RESOLVED:  That committee grant the application in line with officer recommendation subject to the following reasons, 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: 1308-4_PL_LP01 Rev A – ‘Location Plan’

§  Ref: 1308-4_PL_SP02 Rev B – ‘Proposed Site Plan’

§  Ref: 1308-4_PL_SP03 Rev B – ‘Proposed Site Plan in context’

§  Ref: 1308-4_PL_SP04 – ‘Access Detail Plan’

§  Ref: 1308-4_PL_GA01 – ‘Proposed Plans and Elevations (house type 

    1)’

§  Ref: 1308-4_PL_GA02 – ‘Proposed Plans and Elevations (house type

    3)’

§  Ref: 1308-4_PL_GA03 – ‘Proposed Plans and Elevations (house type

    4)’

§  Ref: 1308-4_PL_GA04 – ‘Proposed Plans and Elevations (house type

    5)’

§  Ref: 1308-4_PL_GA05 – ‘Proposed Plans and Elevations (house type

    6)’

§  Ref: 1308-4_PL_GA06 – ‘Proposed Plans and Elevations (house type 

    7)’

§  Ref: 1308-4_PL_EL01 – ‘Proposed Elevations (house type 2)’

§  Ref: 1308-4_PL_PL01 – ‘Proposed Plans (house type 2)’

§  Ref: 1308-4_PL_PL02 – ‘Proposed Roof Plans’

 

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 July 2019 completed by RM Associates and the following mitigation measures detailed within the FRA including:

 

§  Finished floor levels to be set no lower than 3.9m above Ordnance

    Datum (AOD)

§  All dwellings to be at least two storey

 

 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.      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)     soft landscaping details for proposed trees and hedgerows including planting schedules (species, sizes densities etc)

e)    existing trees to be retained/removed and details of replacements

f)       biodiversity mitigation and enhancement measures

 

The approved works 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).

 

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

           shall be carried out in accordance with the approved details within  

           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).

 

 10.   Prior to the occupation of any dwelling a landscape management plan including managment responsibilities for any areas of open space, private drives and shared surface parking areas shall be submitted to and approved in writing by the Local Planing Authority.

 

Reason: To ensure the long term maintenance of the these areas and to accord with polcies 2 and 3 of the South east Lincolnshire Local Plan (2011-2036).

 

 11.    The development hereby approved shall be carried out fully in accordance with the Tree constraints and Protection Report (ref:722/18d v2), and in particular Section 3 (Tree Protection Detail) containing the schedule of works for affected trees including their root protection areas.

 

Reason: To ensure that protected trees and their root systems are not unduly harmed during construction of the development and to accord with policies 2, 3 and 28 of the South East Lincolnshire Local Plan.

 

 12.    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).

 

 13.   Before each dwelling is occupied, the roads and 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 Public Highway, 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 that a safe and suitable standard of vehicular and pedestrianaccess is provided for residents throughout the construction period of the development and that the roads and footways are completed within a reasonable period following completion of the dwellings. This condition accords with Polices 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

14.      No dwellings shall be commenced before the first 50 metres of the estate road from its junction with the public highway, including visibility splays, has been completed to binder course level.

 

Reason: To ensure construction and delivery vehicles, and the vehicles of site personnel, may be parked and/or unloaded off the existing highway, in the interests of highway safety and the amenity of neighbouring residents. This condition accords with Polices 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

15.      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 by, the Local Planning Authority

 

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazardswithin 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).

 

16.    No development shall take place until a Construction Management Plan and Method Statement has been submitted to and approved in writing by the Local Planning Authority, which shall include;

 

·         Phasing of the development to include access construction

·         The parking of vehicles of site operatives and visitors

·         Loading and unloading of plant and materials

·         Storage of plant and materials used in constructing the development

·         Wheel washing facilities

·         The routes of construction traffic to and from the site

·         Strategy stating how surface water run off on and from the development will be managed during construction and protection measures for any sustainable drainage features. This should include drawings showing the drainage systems connect to an outfall during construction.

 

The Construction Management Plan and Method Statement shall be strictly adhered to throughout the construction period.

 

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to or downstream of the development during construction and to ensure that traffic routes are agreed, and in the interests of protecting neighbour’s amenity. This condition accords with Policies 2, 3 and 4 of the South East Lincolnshire Local Plan (2011-2036).

 

17. If, during development, contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the 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 in accordance with Policy 30 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.              Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087.

 

4.              Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contact Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water.

 

5.              Building near to a public sewer – No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087.

 

 The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact our Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements.