Agenda item

Proposed change of use of existing agricultural building to residential dwelling

Red House Farm, Langrick Road, Brothertoft, Boston, PE20 3SW

H Robinson & Son, C/O Origin Design Studio

Proposed change of use of existing agricultural building to residential

dwelling                               

Red House Farm, Langrick Road, Brothertoft, Boston, PE20 3SW

H Robinson & Son, C/O Origin Design Studio

The Planning Officer presented the report to the committee with an overview of the application and a number of supporting slides providing additional information in respect of the location, together with floor plans identifying increased sizing and elevations of the proposed dwelling along with indicative plans of the build materials.

Addressing the key issues for the recommendation to refuse the application, the Planning Officer referred members to Policy 23 of the South East Lincolnshire Local Plan and demonstrated how the proposals had failed to meet the requirements of said policy. The application had failed to establish whether the building was structurally sound and capable of conversion without needing significant extension, alteration and rebuilding.   There was no justification for the building’s retention, as it did not contribute to the character of the landscape nor was there any architectural merit in relation to the history of the area.  The building was not listed and a significant part of the roof was missing.

The siting, scale and materials proposed would detract from the character and appearance of the existing area.  The building would double in size with the internal floor space increasing by 4 times.  

Therefore the result would be an over-intensive, prominent, and unsympathetic form of development that was contrary to the established spatial and visual characteristics of the area and failed to accord with Policies 2 and 3 of the South East Lincolnshire Local Plan.

Furthermore insufficient information had been provided to demonstrate how the sequential and exceptions tests relating to Flood Risk had been passed, as whilst the proposal was for the conversion of a building, the principle of the conversion had been proven to be unacceptable, with only part of the exception test having been satisfied. The proposal, therefore, failed to accord with Policy 2 (part  7), Policy 4 (part 1), and Policy 31 (part 2) of the South East Lincolnshire Local Plan (2011-2036) and Section 14 ‘Meeting the challenge of climate change, flooding and coastal change’ of the National Planning Policy Framework (2019).

Representation was received by the applicant Mr Robinson which included:

Mr Robinson confirmed he had been resident at the application site for many years, his family had farmed at Brothertoft for 100 years and he and his wife wished to continue to live on the site.

He had been a Parish Councillor and a member of the Black Sluice Drainage Board for a long time demonstrating that he had actively served the local community.

The main reason for submitting the application was to provide suitable accomodation for carers for his wife who, following serious illnes, required 24-hour live-in carers.  The application, which Mr Robinson stressed was for three bedrooms and not four, included a bedroom for such support carers.  The existing footprint was clearly defined and whilst some barns had been subject to damage, on a previous visit to the planning department Mr Robinson had been led to believe that planning on the site would not be a problem.   The cladding on the north side had been suggested to reflect the original construction; however, if members felt an alternative was required then a compromise was agreeable.  The family were environmentally-concious providing a green oasis with grassland and numerous trees and hedgerows having been planted over the years.  Parking was not issue and electric charging points could be installed if required, together with ground aired heating if committee preferred.  Furthermore, Mr Robinson confirmed that if required a separate access road could be installed, although there had been no objections from LCC Highways to the application.   The neighbouring property was owned by the family but was tenanted and the tenants had no issues with the application. The Parish Council also had voiced no opposition to the application.

At this point in the proceedings the Chairman invited questions to Mr Robinson from committee members.  One member asked if ground source heating was something that would be agreeable and Mr Robinson confirmed it could be easily incorporated on site and was something they would be willing to incorporate into the bulding.

Committee deliberation followed which included:

A member stated that they had to consider the application on planning reasons only and not on personal issues as sympathetic as he was to Mr Robinson.  Stating he was in agreement with older buildings being bought back into use he felt that application was too large a building and out of keeping with the area.    At this point Councillor Brian Rush moved the officer recommendation to refuse the application.

A member referenced the land registry map and the original layout of the site which identified it as larger than the application proposed. Referencing the NPPF he said he felt the development would improve the area and referencing back land development stated that most of that was new build and not on historic built sites. The cladding proposed was however not acceptable and brick would be more appropriate.  At this point Councillor Jonathon Noble moved that the application be granted, contrary to officer recommendation.  The Chairman officially seconded the recommendation.

Further comments in favour of the application were tabled including support of the design, the ground source heating and that the design was sympathetic to the area and would compliment it.  The soundness of the structure was questionnable but was outweighed by the postive contribution it would make to the area.  Should the building be demolished it would leave a very stark lone dwelling.  Referencing previous planning decisions on similar applications, a member noted precedents had already been set, identifying such applications which had been granted over the previous years.  The member stated many had been in a far worse structural condition to begin with, than the one on the application.  There was general agreement by members that historical farms and their buildings needed to be protected and the countryside preserved.  Members questionned the comments within the report of agricultural need, stating that had not been a consideration on the historic applications referenced previously. 

Points of information were made:

The Assistance Director – Planning noted that he understood that there were examples elsewhere which had been consented at differing times through the old plan and prior approval route and members needed to consider each application on its own merits.  Should members be satisfied that Policy 23 had been met then the application could be considered as an open market residential property.

The Planning Officer further advised that the only reason the agricultural need was raised was because part of the covering application from the agent had said that it was ‘because of personal cirumstances and agricutural need’.  That was why it had been considered, it had been identified by the agent.

Further member debate included concern that the committee was trying to make the proposal fit the policy and that the application was not a farming amenity that would rejuvinate the farming element of the area.  

Additional support at concerns already tabled in respect of the cladding were noted and suggestions for conditions in respect of build materials were discussed.    

The Chairman’s concluding comments included recognition that the application was down to an entirely subjective interpretation of how it fitted within criterias 2 and 3 of Policy 23 of the Local Plan. Whilst being appreciative that the site had no merit in archeological or historic terms, the Chairman questionned if the argument that it made a contribution to the landscape, was enough to justify retention and, was it in keeping with its surroundings. 

Supporting previous comments in respect of using matching or relcaimed brick and not cladding the Chairman stated he would look to condition reclaimed brick if possible and the only real criteria the application struggled to meet was whether or not it was structurally sound.

It was moved by Councillor Jonathon Noble and seconded by Councillor Tom Ashton that committee grant conditional permission, contrary to officer recommendation, as it felt the application was compliant with paragraph 79 of the NPPF and Policy 23 of the Local Plan and that the application would make a positive contribution to the area, subject to the conditions and reasons including conditions for material and renewables, and subject to a delegtion to the Assistant Director – Planning to impose the said conditions.

Vote:      11                            Against:         0                      Abstain:      0

It is noted that Cllr Rush was unable to vote due to technical issues.

RESOLVED:

That committee grant the application contrary to officer recommendation subject to the following conditions and reasons and subject to to a delegation to the Assistant Director – Planning to impose the conditions.

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 application received on 10/03/2021 and in accordance with the associated plans referenced:

• J1751-PL-02 Rev P01 – Site Location Plan and Block Plan;
• J1751-PL-03 Rev P02 – Proposed Floor Plan;
• J1751-PL-04 Rev P02 – Proposed Elevations 1 of 3;
• J1751-PL-05 Rev P03 – Proposed Elevations 2 of 3;
• J1751-PL-06 Rev P03 – Proposed Elevations 3 of 3;
• J1751-PL-07 Rev P01 – Proposed Site Plan.

Reason: To ensure the development is undertaken in accordance with the approved details, in accordance with Policies 2, 3 and 4 of the South East Lincolnshire Local Plan (2011-2036) and with the intentions of the National Planning Policy Framework (2019).

3. The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated A02- February 2021, reference number J1751 Red House Barn by Origin Design Studio Ltd and the following mitigation measures detailed within the FRA:

• Finished floor levels to be set no lower than 3.05m above Ordnance Datum (AOD);
• Flood resilience measures to be incorporated into the proposed development as stated to a minimum of 300mm above finished floor level.

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

Reason: To reduce the risk of flooding to the proposed development and future occupants, in addition to providing the appropriate level of protection in accordance with the National Planning Policy Framework and Policies 2 and 4 of the South East Lincolnshire Plan (2011-2036).

4. 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 Policy 31 of 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 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 (2011-2036).

5. No development shall take place above ground level until details regarding the inclusion of the enhancement measures as outlined in the approved Ecology and Protected Species Survey (Inspired Ecology Ltd, October 2020) have been submitted to and approved by the Local Planning Authority. The measures shall include:

• New hedgerows to be planted are to comprise native species;
• New trees and shrubs planted on the site are to comprise native locally appropriate species. Species that provide pollen, nectar and fruit should form part of the landscaping where possible in order to provide a food source for common birds;
• The grassed areas on the site are to be seeded with appropriate wildflower mixes;
• Specification, location and number of a bat roosting unit;
• Specification, location and number of bird boxes;
• Timetable for implementation of the above measures.

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

Reason: In the interests of the natural environment in accordance with Policy 28 of the South East Lincolnshire Local Plan (2011-2036).

6. The precautionary measures outlined in the approved Ecology and Protected Species Survey Inspired Ecology Ltd, October 2020)  in regards to bats, birds, badgers and other ground mammals shall be followed at all times during the construction of the approved development.

Reason: In the interests of the natural environment in accordance with Policy 28 of the South East Lincolnshire Local Plan (2011-2036).

7.  If development has not commenced within 12 months of the date of this permission, prior to the commencement of development the building(s) shall be re-surveyed for the presence of protected species and if present, a scheme of mitigation shall be submitted to the Local Planning Authority for approval in writing. The development shall be undertaken in accordance with the scheme of mitigation.

Reason:  In the interest of protected species and to accord with the Wildlife and Countryside Act 1981 (as amended), the National Planning Policy Framework 2019 and Policy 28 of the South East Lincolnshire Local Plan (2011-2036).

8.  No development shall take place above ground level until a landscape management plan including management responsibilities and maintenance schedules has been submitted to and approved by the Local Planning Authority.  The landscape management plan shall then be implemented within 1 month of its approval and followed as approved thereafter.

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.  No development shall take place above ground level until details regarding the provision of electric vehicle charging points have been submitted to and approved in writing by the Local Planning Authority. The details shall include:

• The number of charging points;
• Location of charging points;
• Specification of charging points;
• Timetable for the implementation of the above measures.

The development shall then be carried out in strict accordance with the approved details.

Reason:    In the interests of promoting sustainable transport in accordance with Section 9 of the National Planning Policy Framework 2019 and Policy 31 of the South East Lincolnshire Local Plan (2011-2036).

10. Notwithstanding the details shown on the approved plans, no development shall take place until details of the materials proposed to be used for the external walls and roof 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).

11.  Prior to the commencement of development, final details of measures that aim to reduce pollution and promote renewable and low carbon energy and details relating to the timing of their implementation, shall be submitted 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).

12.  The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved in writing by the Local Planning Authority and until the scope of works approved therein have been implemented. The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing:

a)    A Phase I desk study carried out to identify and evaluate all potential sources of contamination and the impacts on land and/or controlled waters, relevant to the site.  The desk study shall establish a ‘conceptual model’ of the site and identify all plausible pollutant linkages.  Furthermore, the assessment shall set objectives for intrusive site investigation works/ Quantitative Risk Assessment (or state if none required).  A full desk top study and a non-technical summary shall be submitted in writing to the Local Planning Authority.

b) A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters.  It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and take into account the site’s existing status and proposed new use.  A copy of the site investigation and findings shall be submitted in writing to the Local Planning Authority.

Reason: To ensure potential risks arising from previous site uses have been fully assessed and in accordance with Policy 30 of the South East Lincolnshire Local Plan (2011-2036).

13.  Where the risk assessment (see preceding condition) identifies any unacceptable risk or risks, a detailed remediation strategy to deal with land contamination and/or pollution of controlled waters affecting the site shall be submitted to and approved in writing by the Local Planning Authority.  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 in accordance with 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.

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

15.  On completion of remediation, a copy of a closure report shall be submitted to the Local Planning Authority for approval in writing.  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 has been carried out to the required standards in accordance 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 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).

Committee adjourned for a comfort break at this point in the proceedings with reconvention of the meeting at 1140. All persons in attendance prior to the adjournment, in attendance on reconvention of the meeting.