Agenda item

Full application for proposed residential development of 20 affordable dwellings and associated works

 

Land adjacent and to the rear of Fishtoft Boy Scouts, Gaysfield Road, Fishtoft, Boston, PE21 0SF

 

John Saul Ltd C/O Clive Wicks Associates

 

Full Planning Permission Proposed residential development of 20 affordable dwellings and associated works

 

Land adj and to the rear of Fishtoft Boy Scouts, Gaysfield Road,

Fishtoft, Boston, PE21 0SF

 

Applicant: John Saul Ltd C/O Clive Wicks Associates

 

The Assistant Director - Planning presented the application as set out in the report. 

 

Registered speakers addressed the Committee as follows, in summary.

 

Mrs Linda Taylor, a resident of Gaysfield Road, spoke on behalf of local objectors.  All objections to the previous application also related to this application.  The application site was not within FIS046 of the Local Plan; it was within FIS007, described in the Local Plan as unsuitable for development with a dangerous level of flood risk.  Recommending planning permission for affordable housing on a dangerous site could lead to an accusation of discrimination.  Policy 11 of the Local Plan gave the new housing allocation for Fishtoft as 50 dwellings up to 2036, yet this figure had already been significantly exceeded.  This policy should not be disregarded. 

 

Mr Clive Wicks, the applicant’s agent, explained that the proposed dwellings would be built behind trees within the public open space and hedging would provide a boundary between existing developments.  It was a quality scheme, with a tree belt to the rear and houses overlooking an attractive open site entrance.  The NPPF referred to the provision of affordable housing to meet local needs through use of exception sites.  There were no objections to the application from consultees other than the parish council.  Inspectors recognised that development would need to be built on prime agricultural land to achieve housing numbers.  Both applications would provide a mix of house types and help young people obtain housing by rental and shared-equity schemes and allow families to walk the short distance to the school and play area. 

 

Parish Councillor Joff Williams asserted that many of the objections to the previous application also applied to this one and asked the Committee to take this into account.  The two applications should have been taken together and it appeared a ‘backdoor’ method of securing permission.  The parish council objected to the access and traffic generation and, again, considered the Highways Authority assessment to be wrong, as the impact on the roads would be severe.  The condition requiring management of the open space was welcomed, but detail of the final agreement was requested before implementation because, if this was inadequate, responsibility would devolve to the parish council.  Financial contributions were noted, but previous concerns regarding impact on local services remained.  The parish council did not object to the proposal in principle, but believed the location was wrong. 

 

The Democratic Services Delivery Manager delivered the address on behalf of Councillor Judith Skinner, one of the Ward Members, who had had to leave the meeting.  Points raised with respect to drainage on the previous application also related to this application, as did the points regarding vehicle movements and lack of local services.  The main objection was that the site was outside the Local Plan scope and making an exception of this site, which it did not warrant, would set a precedent. 

 

In response to questions, the Assistant Director confirmed that a small part of the application site was within the Local Plan allocation site FIS046.  The site had also formed part of proposal FIS007 for a much wider area of land that had been discounted.  The application had been made in accordance with policy that allowed exception sites adjacent to settlement boundaries. 

 

Mitigation for flood risk would be covered by the Flood Risk Assessment in accordance with condition 7.  The number of housing units referred to in the Local Plan was a target, not an upper limit and the applicants were within their rights to submit this application separately to the previous application.  The management and maintenance of the public open space was covered by condition 11. 

 

The majority of Members voiced full support for the application and the provision of affordable housing of attractive design in a pleasing location in accordance with the exception site policy that would enable the village to achieve growth. 

 

A Member voiced objections to the proposal on the grounds that it was not really an exception site, was outside the allocated site in the Local Plan and the evidence for the need of affordable housing in this village was unconvincing.  Another considered that the entrance to the site would not be safe. 

 

It was proposed by Councillor David Brown and seconded by Councillor Peter Watson that full planning permission be granted as recommended by the Planning Officers.

 

Vote: 8 for, 2 against

 

RESOLVED: That full planning permission be granted as recommended by the Planning Officers, subject to the satisfactory conclusion of a S106 Legal Agreement to secure the contributions towards Affordable Housing and other infrastructure and the following conditions:

 

1.     The development hereby permitted must be begun not later than the expiration of four years beginning with the date of this permission.

Reason: To take account of the present restrictions on implementing permissions, in order to assist the recovery and in order to comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.

2.     The development hereby permitted shall only be undertaken in accordance with the following approved plans:

§    17-2397-AS-09 Affordable Scheme Plots 19 & 20 received by the LPA on 08/12/2020

§    17-2397-AS-08 Affordable Scheme Plots 17 & 18 received by the LPA on 08/12/2020

§    17-2397-AS-07 Affordable Scheme Plots 15 & 16 received by the LPA on 08/12/2020

§    17-2397-AS-06 Affordable Scheme Plots 11 & 12 received by the LPA on 08/12/2020

§    17-2397-AS-05 Affordable Scheme Plots 9-10 & 13-14 received by the LPA on 08/12/2020

§    17-2397-AS-04 Affordable Scheme Plots 7 & 8 received by the LPA on 08/12/2020    

§    17-2397-AS-03 Affordable Scheme Plots 4-6 received by the LPA on 08/12/2020        

§    17-2397-AS-02 Affordable Scheme Plots 1-3 received by the LPA on 08/12/2020

§    17-2397-MP-01 Rev F Proposed Masterplan received by the LPA on 27/05/21

 

Reason: For the avoidance of doubt and the interests of proper planning.

 

3.     No development shall take place until a written scheme of archaeological investigation has been submitted to and approved by the Local Planning Authority. This scheme should include the following:

 

1.      An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements).

2.      A methodology and timetable of site investigation and recording including provision for trial trenching based on the results of the geophysical survey and appraisal forming part of the approved outline application

3.      Provision for site analysis

4.      Provision for publication and dissemination of analysis and records

5.      Provision for archive deposition

6.      Nomination of a competent person/organisation to undertake the work

 

The scheme of archaeological investigation must only be undertaken in accordance with the approved details, and completed in accordance with the timetable within. No other works shall take place until the site investigation has been completed, unless agreed as part of the timetable.

 

Reason: To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation in accordance with paragraph 199 of the National Planning Policy Framework.

 

4.    Prior to the commencement of the development hereby permitted, a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority.    The CEMP shall include (through not restricted to) the following details:

 

a)        a traffic management plan incorporating the routing of construction traffic and details of heavy vehicle movement patterns (including the earliest and latest times, and the suspension of trips during peak traffic times )

b)        hours of work for site preparation, delivery of materials and construction;

c)         measures to minimise and control noise, vibration, dust, dirt and fumes during the development period

d)        details of onsite parking facilities for both visiting construction vehicles and deliveries and workers on the site

e)        the loading and unloading arrangements for heavy plant and machinery and materials

f)          the location of storage of plant and materials used in constructing the development

g)        measures to avoid disturbance to nesting birds and other wildlife

h)        measures to prevent mud being deposited on the surrounding highway

i)          the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

j)          details of any protective fencing to maintain public access and public safety for the public footpaths that cross/are adjacent to the site – including provisions relating traffic and pedestrians within the vicinity at such facilities as the School and Scout Hut.

k)         a programme for the implementation of all of the above items.

 

Development shall then be carried out in strict accordance with the approved CEMP.

 

Reason: To satisfy Policy 2 and 30 of the South East Lincolnshire Local Plan (2011-2036) and to ensure that appropriate measures are put in place before any development commences to limit noise, nuisance and disturbance to the occupiers of neighbouring properties during the construction of the development and to prevent any obstruction of or disturbance to the operation of the Highway

 

5.     Prior to any development above slab levels a Surface Water Drainage Plan based on the principles set out in the Sustainable Drainage Strategy and Masterplan drawing forming part of the approved application and including arrangements for the future management of the drainage system shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing.  The approved scheme shall be retained and maintained in full in accordance with the approved details.

 

Reason: To ensure residents of the permitted development, neighbouring land and neighbouring properties are not adversely affected, by reason of flooding, by the construction of the permitted development in accordance with Policies 2 and 4 of the South East Lincolnshire Local Plan (2011-2036).

 

6.     Before any works above slab levels a foul water strategy including  connection points to the public sewer, discharge rate and confirmation that the sewage authority has sufficient capacity to accept the flows shall be submitted to and approved in writing by the Local Planning Authority.

 

       The development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing.  The approved scheme shall be retained and maintained in full in accordance with the approved details.

 

       Reason: To ensure residents of the permitted development, neighbouring land and neighbouring properties are not adversely affected, by reason of flooding, by the construction of the permitted development in accordance with Policies 2 and 4 of the South East Lincolnshire Local Plan (2011-2036).

 

7.     The development hereby permitted shall be implemented in accordance with the Flood Risk Assessment forming part of the approved application and mitigation measures including a demonstration that:

§  the dwellings will be built using flood resilient construction techniques;

§  there will be no ground floor sleeping accommodation;

§  finished floor levels will be set a minimum of 4.66 metres above Ordnance Datum and

§  all dwellings will sign up to the Environment Agency flood warning service within one month of first occupation.

 

       Reason: To ensure residents of the permitted development, neighbouring land and neighbouring properties are not adversely affected, by reason of flooding, by the construction of the permitted development in accordance with Policies 2 and 4 of the South East Lincolnshire Local Plan (2011-2036).

 

8.     Prior to the commencement of development, details of works to improve the public highway through the provision of a 1.8m wide frontage footway link between the entrance road at the junction with Gaysfield Road and the existing footway on the east side of Gaysfield Road shall be provided for agreement in writing by the Local Planning Authority.

 

No dwelling shall be occupied until the identified works have been completed in full and the footway link is available for use.

 

Reason: To ensure the continuity of safe and suitable pedestrian access, in the interests of pedestrian and public safety, in accordance with Policy 2, 32 and 33 of the South East Lincolnshire Local Plan (2011-2036) and the guidance within the NPPF.

 

9.     Before each dwelling is occupied the roads and/or 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 Highways Maintainable at the Public Expense, 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 (or other development as specified).

 

Reason: To ensure safe access to the site and each dwelling/building in the interests of residential amenity, convenience and safety and to accord with Policy 3 of the South East Lincolnshire Local Plan.

 

10.  Before any works above the damp proof course a schedule of external materials, including samples where requested, to be used in the construction of buildings and hard surfaced areas and in accordance with the broad specifications shown in the approved plans shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be constructed in accordance with the approved details.

 

Reason: In the interests of the character and appearance of the development and the visual amenity of the area in which it is set. This condition is imposed in accordance with Policy 2 of the South East Lincolnshire Local Plan and paragraph 127 of the National Planning Policy Framework.

 

11. None of the dwellings hereby approved shall be occupied until details of the public open space and how it is managed and maintained as part of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall cover the full lifetime of the open space and drainage system and, as a minimum, shall include:

 

(i)        details of the location, size, specification of the open space and how the POS will be landscaped (hard and soft) along with any play equipment or facilities;

(ii)       arrangements for adoption by an appropriate public body or statutory undertaker, or management and maintenance by a Residents’ Management Company.

(iii)      arrangements concerning funding mechanisms for the ongoing maintenance of all elements of the POS (including mechanical components) to include details such as:

 

1.         on-going inspections relating to performance and asset condition assessments;

2.         operation costs for regular maintenance, remedial works and irregular maintenance of limited life assets; and

3.         any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

(i)        means of access and easements for maintenance purposes;

(ii)       A timetable for implementation.

 

The POS shall thereafter be installed in accordance with the details and timetable contained within the duly approved scheme, and shall be managed and maintained as such thereafter.

 

Reason: To ensure that satisfactory measures are put in place for the management and maintenance of the public open space area throughout the lifetime of the development and to accord with Policies 2, 3, 6 and 31 of the South East Lincolnshire Local Plan (2011-2036).

 

12. Prior to the commencement 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 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).

 

13. 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 (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).

           

14.  Prior to development above slab level, a detailed scheme of  scheme of landscaping and tree planting for the site indicating, inter alia, the number, species, heights on planting and positions of all the trees, together with details of post-planting maintenance, shall be submitted to and approved in writing by the Local Planning Authority. Such scheme shall be in accordance with the details shown in the approved drawings and the approved Biodiversity Appraisal and Biodiversity Management Plan.

 

The landscaping shall be carried out in its entirety within a period of the first planting season following the date on which development is completed or in line with a timetable agreed in writing by the Local Planning Authority.

 

Within the period of 5years following the last occupation of the development, all trees, shrubs and bushes shall be maintained by the owner or owners of the land on which they are situated and all losses shall be made good as and when necessary.

 

Reason: To ensure that appropriate landscaping is provided to integrate the site into the local area, in the interests of biodiversity and to accord with Policy 3 of the South East Lincolnshire Local Plan and paragraph 170 of the National Planning Policy Framework.

 

15.  The development hereby permitted shall be implemented in strict accordance with the recommendations of the Biodiversity Assessment (CGC Ecology dated April 2021) and Biodiversity Management Plan (CGC Ecology dated April 2021) forming part of the approved application.

 

Prior to development above slab level full details of the biodiversity enhancement measures across the site and a timetable for their implementation shall be submitted to the Local Planning Authority for approval in writing.

 

The works shall then be undertaken in accordance with the agreed details.

 

The site shall thereafter be managed in ecology terms based on those details contained within the Biodiversity Management Plan (CGC Ecology dated April 2021).

 

Reason: In the interest of enhancing the ecology of the area in compliance with Policies 2 and 28 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 by the Local Planning Authority.

 

Reason: To ensure all contamination within the site is dealt with and to accord with Policies 2 and 30 of the South East Lincolnshire Local Plan (2011-2036).

 

17.Prior to the commencement of development, details of the proposed post and rail fence and gates to serve the enclosed field as shown on drawing 17-2397-AS-01 RevC shall be provided for agreement in writing by the Local Planning Authority.

 

No works, other than site investigation and clearance shall take place until the aforementioned fence and gates have been provided, and they shall be retained thereafter.

 

Reason: To ensure the continuity of safe and suitable pedestrian access, in the interests of pedestrian and public safety, in accordance with Policy 2, 32 and 33 of the South East Lincolnshire Local Plan (2011-2036) and the guidance within the NPPF.

 

Informatives:

 

Anglian Water

 

Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement. Therefore the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991. or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before development can commence.

 

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.

 

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.

 

STATEMENT OF PROACTIVE WORKING:

 

In determining this application, the authority has taken account of the guidance in paragraph 38 of the National Planning Policy Framework 2019 in order to seek to secure sustainable development that improves the economic, social and environmental conditions of the Borough.