Agenda item

PLANNING APPLICATION B 19 0473

Erection of a one and a half storey building comprising ground floor retail unit (use class A1) and a first floor 1-bed apartment, together with revised access and parking arrangements.

 

2 Eastwood Road

Fishtoft

Boston

PE21 0PH

 

Applicant:  Mr Erhan Akyuz

Minutes:

PLANNING APPLICATION B 19 0473

 

Erection of a one and a half storey building comprising ground floor retail unit (use class A1) and a first floor 1-bed apartment, together with revised access and parking arrangements

 

Boston, 2, Eastwood Road, Fishtoft PE21 0PH

 

Mr Erhan Akyuz

 

The Growth Manager presented the report for the erection of a one and a half storey building.  He advised members that the original application would have doubled the existing site and had included a significant extension to the existing shop; fewer parking spaces, a building to the rear and a flat to the upper level.  The amended plan provided greater reduction in build along with increased parking.

Visual slides confirmed the layout of the proposed development alongside the existing buildings.  The access and exit plan showed access only from Lindis Road with exit direct onto Eastwood Road, along with parking spaces providing entry and exit of the site in forward gear and a dedicated parking slot for delivery vehicles. The slides further identified the boundary of the site noting the loss of one dropped pavement on the corner alongside increased visibility at the corner following removal of a high hedge previously shielding drivers’ vision when on the site.

Noting the additional commercial activity in close proximity to the site, the Growth Manager further advised that any concerns in respect of impact on the character of the site would be considered suitable, subject to the materials proposed and details in respect of boundary treatments and waste storage. Flood risk and air quality concerns identified would be addressed by recommended conditions.

 

Member debate followed the presentation which included the following matters which have been collated to incorporate repetition of comment and also to address questioning:

 

Strong concerns noted a number of highway issues including the number of parking spaces provided, against the number recommended, and a lack of any designated cycle store.  Whilst some members recognised that due to the location of site in a highly residential area, many customers would probably visit on foot, others advised that with the commercial offer in the area many users did travel via car due to a lack of local shops elsewhere. 

 

Issues raised included concern in respect of entering via Lindis Road due to the slight bend of the road with cars coming from Freiston Road onto Eastwood Road, the level of existing traffic at the busy crossroads and the potential increase for both traffic and pedestrian accidents resulting from the additional business.

 

 

 

 

Members further agreed the call-in of the application by Fishtoft Parish Council with their concerns in respect of highway safety being echoed by the planning committee.

Referencing access and exiting of the site a member asked how practical it would be with cars swinging in from Lindis Road.  Referencing the delivery vehicle space for a 7.5 tonne vehicle a member stated that many delivery vehicles were larger and would as such block the entrance.  Such vehicles would potentially enter in forward gear and need to exit in reverse gear raising further safety concerns. 

A member voiced concerns at a lack of signage both directing drivers through the one-way system onto the site along with a lack of clear kerbside signage for pedestrians.  Concerns further noted that the increased number of vehicle movements could compromise the safety of the children from the many schools within the locality.

On suggesting that a device be installed at the exit to prevent vehicles entering over it, a number of members agreed that it was an option moving forward. However concerns were raised that should a driver ignore the sign and attempt to drive over the mechanism to enter from Eastwood Road, the result would be either a blockage to the site or an even greater increase in traffic congestion in the immediate area. Other comments included recognition that the application was compliant with the Local Plan in respect of new shops being in proximity to existing commercial businesses.  The design was appropriate with dormer windows in the pitched roof along with velux windows elsewhere; the improved access and egress with a one-way system was significantly better than the existing system and the amended scheme much improved on the original scheme.  A member referenced a similar planning application, refused on highways reasons contrary to highways having agreed the application, which had been lost at appeal.

 

In response to above queries the Growth Manager responded as follows:

Following a members question as to how a driver actually got into the parking spaces from the four-way junction, the Growth Manager reminded members historically there had been a business on the site for many years.  During that time, access and exiting of the site had been from both Eastwood Road and Lindis Road, along with the dropped kerb on the corner.  Cars had parked in front of the shop and alongside the existing hedgerow in both directions.

The proposed scheme had a dedicated entrance from Lindis Road with a one-way through the site, to a dedicated exit onto Eastwood Road.  The parking spaces were over-sized to provide delineated spaces to allow drivers to access and exit in forward gear.  Condition 4 within the report addressed issues in respect of clear signage to direct drivers in entering the site, parking and then exiting.  For further reference, the Growth Manager pointed out on a visual plan the location of an established pedestrian crossing between existing businesses and the application site and the tactile pram route at the crossroads.

Condition 4 required provision of all details of signage prior to discharge of the condition and if the officers’ were not satisfied then they would not approve.  A balanced provision of signage was required, which needed to be clearly directionally to motorists and pedestrians but not a distraction in size or content for drivers.

Stating he was mindful of the comments and concerns raised in respect of highway safety the Growth Manager stressed that should a Member move refusal then they needed to very clearly, articulate their reasons to allow advice if the reasons could be defended at appeal.  Highways had no objections to the application so clear evidence by members for a refusal would be required.

 

At this point in the proceedings’ Councillor Brian Rush asked that it be recorded that he felt there could be danger to life in respect of the particular development.   Councillor Rush further moved refusal but cited no reasons.

For confirmation, during debate Councillor Jonathon Noble had moved the motion as per officer recommendation.  Councillor Alison Austin had subsequently seconded the motion.

 

The Growth Manager referenced the suggestion of a device to prevent vehicles accessing the site through the exit, stating that whilst he felt it would be reasonable and appropriate and achieve the aim of condition 4, the applicant could appeal it or come back with an alternative mechanism or procedure.  Officers could consult with highways to seek their agreement to an amendment as part of the discharge the condition.  However, should a vehicle ignore the signs and attempt to drive over the mechanism then congestion or worse could occur.

 

The Chairman interceded and asked if a delegation to the Growth Manager would be appropriate to avoid any need for the application to have to come back to committee on a technical point.   The Growth Manager confirmed he would liaise with highways in respect of a device / mechanism or structure to control the one-way system, preventing access from Eastwood Road.

 

Councillor Jonathon Noble and Councillor Alison Austin respectively agreed the amendment to the original motion they had moved and seconded respectively.

 

At this point in the proceedings’ Councillor Brian Rush asked for a point or order questioning why Councillor David Brown was on the planning committee and that the response be recorded within the minutes.

The clerk confirmed that a previous committee member Councillor Michael Cooper had changed his political stance rendering a vacant seat on the committee.  The seat was allocated Conservative under political proportionality rules and Councillor David Brown had been returned to the committee under delegated powers ahead of the meeting.

 

It was moved by Councillor Jonathon Noble and seconded by Councillor Alison Austin, that the application be granted in line with officer recommendation, subject to the conditions, reasons and informatives therein and subject to the amendment to Condition 4 to delegate authority to the Growth Manager to liaise with highways in respect of a device / mechanism or structure to control the one-way system.

 

Vote:    For.   10              Against:   2                      Abstain:

 

RESOLVED:  That the application be granted in line with officer recommendation, subject to the following conditions which include the amendment to condition 4, reasons and informatives:

 

1.            The development hereby permitted shall be begun before the expiration of four 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 revised application received 09-Apr-2020 and in accordance with the associated plans referenced:

 

§   Drawing Number B/3355 3-001 – Proposed – Elevations and Plans (March

       2020);

§   Drawing Number: B/3355 3-002 – Proposed – Elevations in

       context/Section AA (March 2020)


Reason: To ensure the development is undertaken in accordance with the approved details, in the interest of residential amenity and to comply with Policies 2, 3, 4, 27, 30 and 36 of the South East Lincolnshire Local Plan 2011-2036.

 

3.            The development hereby permitted shall not be occupied until details of all boundary treatments, including their height, design, colour and position, have been submitted to and approved in writing by the Local Planning Authority. The scheme as may be approved shall be constructed before the building hereby permitted is occupied or brought into use, and shall be retained thereafter.

Reason:  In the interests of the visual amenities of the area and highway safety in accordance with Policy 2 of the South East Lincolnshire Local Plan 2011-2036

 

4.            The development hereby permitted shall not be occupied until a plan showing signage and/or markings to delineate the proposed one-way in-and-out arrangements for the site, coupled with details of a device/mechanism/structure to control the aforementioned arrangements and prevent access from Eastwood Road, have been submitted to and approved in writing by the Local Planning Authority. The signage and/or markings, and the device/mechanism/structure, as may be approved, shall be implemented before the building hereby permitted is occupied or brought into use, and shall be retained thereafter.

Reason: In the interests of highway safety, in particular to ensure that the one-way in-and-out arrangements are provided and to prevent vehicles accessing the site from Eastwood Road in accordance with Policy 2 of the South East Lincolnshire Local Plan 2011-2036.

5.            The development hereby permitted shall not be occupied until a plan showing 9no. parking spaces (labelled to reflect their allocation to the flats and shops) along with sufficient space to allow vehicles to be parked and turned to enable vehicles to enter and exit in forward gear, has been submitted to and agreed in writing by the Local Planning Authority. The parking spaces and turning area shall be provided in accordance with the agreed plan prior to the occupation or first use of any of the units, and shall thereafter be retained and be made available for use by the occupants, staff and customers of the development at all times when those units are available for occupation.

Reason: In the interests of ensuring that sufficient parking is provided to meet the needs of the development, to ensure that those parking spaces are retained and are available and that there is sufficient space to enable vehicles to turn so that they may enter and leave the site in forward gear, and to comply with Policy 36 of the South East Lincolnshire Local Plan 2011-2036

 

6.            No development shall take place until details of the materials proposed to be used in the construction of the external surfaces of the building 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: To ensure that the new building is in keeping with the character of the area in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2011-2036.

 

7.            The development permitted shall not be occupied until details of secure refuse storage facilities 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 before the building hereby permitted is occupied or brought into use, and shall be retained thereafter.

Reason: To ensure that the development is in keeping with the character of the area in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2011-2036.

 

8.         Notwithstanding the details shown on the approved plans, prior to first use of the apartment hereby permitted, the dormer window shown on the east facing elevation of the building hereby approved shall be obscurely glazed to a minimum of level 3 on the Pilkington Scale (where 1 is the lowest and 5 the greatest level of obscurity) or equivalent scale, and shall be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor level of the room in which the window is installed. The duly installed window shall be retained as such thereafter.

 

Reason: To ensure that appropriate measures are put in place to limit the potential for overlooking between the development and adjacent properties in order to preserve the privacy of adjoining occupiers in accordance with the requirements of Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

9.            Notwithstanding the provisions of Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any equivalent Order following the revocation and re-enactment thereof (with or without modification), no windows other than those expressly authorised by this permission shall be inserted in any of the sides of the building hereby approved.

 

Reason: To limit the potential for overlooking towards neighbouring dwellings in order to safeguard the privacy of adjoining occupiers in accordance with the requirements of Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 

10.         The residential unit hereby permitted shall not be occupied until details of an opaque screen of not less than 1.8m in height from the finished floor level of the landing at the top of the external staircase, shall be submitted to and agreed in writing by the Local Planning Authority. The screen shall run the full width of the southern  edge of the landing. The residential unit  shall not be occupied until the screen has been constructed in full accordance with the agreed details. The screen shall thereafter be retained at all times when the residential unit  is available for use.

 

Reason: In the interests of the mitigation of any effects on the amenities of the first-floor flat at 2 Eastwood Road, by virtue of overlooking and noise/disturbance, and to comply with Poicies 2 and 3 of the South East Lincolnshire Local Plan 2011-2036.

 

11.         The shop premises shall be occupied only by uses within class A1 of the Town and Country Planning (Use Classes) Order 1987 and for no other purpose, including any permitted change of use within the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting either or both of the Orders with or without modification).

Reason: To protect neighbours’ amenities and the amenity of the area, and to accord with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan 2011-2036.

 

12.         The shop premises shall not be open to the public outside the hours of 07.00 to 22.00 on any day, and no deliveries to (or despatches from) the premises shall take place outside of the aforementioned hours.

Reason: In the interests of regulating noise and disturbance, to protect the amenity of the area, and to accord with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan 2011-2036

 

13.         The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment (FRA) prepared by Dowlman Architecture, dated August 2019 and the following mitigation measures detailed within the FRA: the FFL to be set at 225mm above ground level; residential accommodation to first floor level only; and flood resilience and resistance measures to be incorporated as stated in the FRA. The mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.

Reason: To reduce the risk of flooding to the proposed development and future occupants, and to accord with the requirements of Policy 4 of the South East Lincolnshire Local Plan 2011-2036.

 

14.         The water consumption of the 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 2011-2036). 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 the 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 (2011-2036).

 

Informatives

 

1.            The permitted development requires the formation of a new/amended vehicular access. These works will require approval from the Highway Authority in accordance with Section 184 of the Highways Act. The works should be constructed in accordance with the Authority’s specification that is current at the time of construction. Relocation of existing apparatus, underground services or street furniture will be the responsibility of the applicant, prior to application. For approval and specification details, please contact

vehiclecrossings@lincolnshire.gov.uk.

 

2.         Please contact the Lincolnshire County Council Streetworks and Permitting Team on 01522 782072 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.

 

Supporting documents: