Agenda item

Residential development consisting of 139 dwellings, including associated roads, public open space and drainage infrastructure

Land off London Road, Kirton, Boston, PE20 1JE

Ashwood Homes

Residential development consisting of 139 dwellings, including  associated roads, public open space and drainage infrastructure

Land off London Road, Kirton, Boston, PE20 1JE

Ashwood Homes

Agent:    Mrs Natalie Wallinger, NKW Design Ltd

Prior to presentation of the report members were advised of an error on page 58 of the report under 5.7.  Scenario 4 should read an education contribution of £88,000 and not the £430,531 as within the paper.

The Assistant Director – Planning presented the report and confirmed it was tabled to committee due to the scale of the development and the specific issues raised in respect of the changes presented regarding the affordable housing allocation and section 106 education contribution, against those granted within the initial application which committee had granted in September 2019. 

The applicant had identified the need for a viability assessment to address an issue and it was their right to come back to committee to look to address the viability they had identified. 

A visual overview of the previous scheme which committee had deemed acceptable identified phase 1 of the scheme already developed and phase 3 and phase 4. The timeline approved in 2019 had been subject to a legal agreement. The impact of Covid had resulted in a variety of raised costs, including abnormal costs for pumping on the site and increased slab levels. All costs had been based on accurate findings of the original scheme. The developers came forward in 2020 with a full viability report on an open book basis, looking at cost and profit, and the section 106 contributions. The independently assessed viability assessment had found the original scheme not viable.  Thereafter ongoing negotiations had taken place and whilst not all matters had been agreed, the final offer was tabled before committee to see if it was agreeable.

The Council’s own viability consultant had identified four scenarios and scenario 2 was the one the applicants had put forward.  It provided 9 affordable houses with the split agreed with the housing manager to meet the Council’s needs.  The education contribution would remain the same as first agreed. The applicants had a proven track record across the wider borough and phase 1 of this development had been completed. Should permission be granted amendments would be made to condition 1 of the original conditions to commence within 2 years with condition 2 also requiring an amendment to include the new layout and amended affordable allocation.

No public representation was received in respect of this application.

Committee deliberation followed which included:

It is recorded that Councillor Brian Rush sought a point of legal advice at this time in the meeting.  Councillor Rush advised that he was a co-owner with his wife of a hair salon in Kirton and asked if he needed to declare a percuniary interest in the item.

The Legal Officer advised that he did not need to do so but ultimately it was Councillor Rush’s decision.

Councillor Rush stated he would not declare an interest but that would remain and listen to the debate but take no part and would not vote

There was a preference by a number of members to see the actual development completed with recognition that a half-built derelict site would not be acceptable. There was agreement that affordable housing was required within the borough and a comment noted that over the 3 phases a 14% allocation would be provided which was contrary to the 20% identified within the Local Plan.  Concerns further noted the reduction in the affordable allocation with reference to previous developers reducing their original allocations. 

The Borough was in dire need of affordable housing for the rental market and it did not need £250k houses which local people could not afford.  

Concern was also noted that the site had never been subjected to flooding although a member stated they felt the additional costs identified were for the increased height on the site from the road as required by the Environment Agency. 

Stating that the original application had been granted in 2019 a member voiced concern that he felt it very strange that the developer would not have undertaken thorough ground testing in respect of the foundation and flood risk at that point, to see what was involved.

Concern noted that the education contribution would come from taxes via Lincolnshire County Council and a preference for increased affordable housing was more beneficial than the education contribution.

During the above deliberation, Councillor Alison Austin moved to grant the application in line with officer recommendation: Councillor Paul Skinner seconded the motion.

Councillor Jonathon Noble moved that scenario 4 be the preferred option.  He stated that with the developer having agreed the 4 scenarios within the assessment, scenario 4 provided an alternative with increased affordable provision.  Councillor Paul Goodale seconded the motion.

A point of information was tabled:

The Assistant Director – Planning reaffirmed to members the Council’s own viability assessor identified the 4 scenarios, not the applicant.  As such, if committee agreed scenario 4 then a delegation would be required for himself and the Chairman to allow further negotiations to take place with the developer, who still had the right to refuse to take forward scenario 4.

A further point of information advised that grants were available to developers for properties that were not subject to a section 106 agreement to enable them to provide increased affordable housing within a development, as had happened in the recent Heron Park development.

Summarising, the Chairman noted his sympathy with members and their comments in respect of the reduction in the affordable units. He stated however, he had to be guided by the independent assessment done for the planning authority.  The committee could not compel a developer to bring a site forward.  If a developer found it not to be commercially viable, they could take their business elsewhere.

It was moved by Councillor Alison Austin and seconded by Councillor Paul Skinner that the committee grant the application in line with officer recommendation, subject to the completion of a section 106 agreement in relation to educational contributions and affordable housing allocation, subject to the amendments to conditions 1 and 2 of the original report and subject to further conditions and reasons:

Vote:       For   6.            Against:   3.         Abstention:  2.

RESOLVED:   That committee grant the application in line with officer recommendation, subject to the completion of the section 106 agreement in respect of education contributions and affordable housing allocation, subject to amendments to condition 1 and condition 2 below and subject to the remaining conditions and reasons:

1          The development hereby permitted shall be begun before the expiration of two 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: 1197/LP/SP – ‘Location Plan - Southern Phase’

§  Ref: 90A-PL-01 Rev E – ‘Planning Layout - Southern Phase’

§  Ref: 90A-HOL-001 – ‘Design Sheet - Holland’

§  Ref: 90A-DEE-01 – ‘Design Sheet - Dee’

§  Ref: 90A-EDN-001 – ‘Design Sheet - Eden’

§  Ref: 90A AV-001 – ‘Design Sheet - Avon’

§  Ref: 90A-CLY-001 – ‘Design Sheet - Clyde’

§  Ref: 90A-SPAR-01 – ‘Design Sheet - Sparta’

§  Ref: 90A-CORO-001 – ‘Design Sheet - Coronation’

§  Ref: 90A-CORO-002 – ‘Design Sheet - Coronation’

§  Ref: 90A-LCK-001 – ‘Design Sheet - Lock’

§  Ref: 90A-MER-001 – ‘Design Sheet - Mere’

§  Ref: 90A-MER-002 – ‘Design Sheet - Mere’

§  Ref: 90A-NENE-001 – ‘Design Sheet - Nene’

§  Ref: 90A-BAL-001 – ‘Design Sheet - Balmoral’

§  Ref: 90A-BAL-002 – ‘Design Sheet - Balmoral’

§  Ref: 90A-RIBB-001 – ‘Design Sheet - Ribble’

§  Ref: 90A-HUM-001 – ‘Design Sheet - Humber’

§  Ref: 90A-HUM-002 – ‘Design Sheet - Humber’

§  Ref: 90A-A516-001 – ‘Design Sheet - A516’

§  Ref: 90A-A516-002 – ‘Design Sheet - A516’

§  Ref: 90A-A732-001 – ‘Design Sheet - A732’

§  Ref: 90A-A902-001 – ‘Design Sheet - A902’

§  Ref: 90A-A1336-001 – ‘Design Sheet - A1336’

§  Ref: 1197/LA1 Rev A – ‘Landscape Proposals - Sheet 1 of 11’

§  Ref: 1197/LA1 Rev A – ‘Landscape Proposals - Sheet 2 of 11’

§  Ref: 1197/LA1 Rev A – ‘Landscape Proposals - Sheet 3 of 11’

§  Ref: 1197/LA1 Rev A – ‘Landscape Proposals - Sheet 4 of 11’

§  Ref: 1197/LA1 Rev B – ‘Landscape Proposals - Sheet 5 of 11’

§  Ref: 1197/LA1 Rev B – ‘Landscape Proposals - Sheet 7 of 11’

§  Ref: 90A-SG-01 – ‘Design Sheet - Single Garage’

§  Ref: 90A-DG-01 – ‘Design Sheet - Double Garage’

§  Ref: 90A-DSG-01 – ‘Design Sheet - Double Shared Garage’

§  Ref: 90A-TSG-01 – ‘design Sheet - Triple Shared Garage’

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 August 2018, referenced MA11011-FRA-R01 by Millward, including the following mitigation measures detailed within the FRA:

§   Finished floor levels to be set no lower than 500mm above existing ground level

§   All dwellings to have at least two storeys

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 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 sewage infrastructure on and off 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 Policies 2, 3 , 4 and 31 of the South East Lincolnshire Local Plan (2011-2036) and the intention 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.      No development shall take place above ground level 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).

7.    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).

 8.     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 three (3) fire hydrants or other acceptable alternative along with a timetable for their installation relative to the phasing of the development. The fire hydrants (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).

 9.     No development shall take place until the applicant has secured a programme of archaeological work, which shall include trial trenching, in accordance with a written scheme of investigation which has been subitted by the applicant and approved in writin by the Local Planning Authority.

Reason: In order to ensure that satisfactory arrangements have been made for the investigation, retrieval and recording of any possible archaeological remains on the site and to accord with Policies 2, 3 and 29 of the South East Lincolnshire Local Plan (2011-2036) and the intentions of the National Planning Policy Framework (2019).

 10.   The development hereby approved shall be carried out in accordance with the recommendations contained within the submitted Phase I Ecology Survey prepared by Hillier Ecology Limited.

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).

 11.   Prior to the commencment 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 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 renebale 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.   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 pedestrian access 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).

 13.   No dwelling shall be commenced before the first 60 metres of estate road from its junction with the public highway, including visibility splays, have 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 and to accord with Polices 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 14.   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).

 15.   There shall be no vehicular access to the permitted development from Woodside Road. Effective measures, both physical and contractual, shall incorporated into the development to prevent any such access being formed at any time.

Reason: Woodside Road is unsuitable, in terms of its carriageway width and construction standard and the absence of footways, to be able to accommodate additional vehicle movements from a residential development of the scale hereby permitted. This condition accords with Polices 2 and 3 of the South East Lincolnshire Local Plan (2011-2036).

 16.   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).