Agenda item

Full Planning Permission

 

Redevelopment to provide a new public realm space, including existing artwork relocation and new artwork installation, external social spaces and new entrance / drop off for Len Medlock.

 

Rosegarth Square, Rosegarth Street, Boston

 

Applicant:  Boston Borough Council

Senior Planning Officer presented the report confirming that the application had been referred to committee by the Assistant Director Planning, for transparency, due to the proposal having been submitted by Boston Borough Council. Members were reminded that the application for consideration was only for the redesign and redevelopment of the public realm which included landscaping and public space with the relocation of certain existing artwork and the siting of a new art installation along with a reduced coach drop off/parking area and a drop-off zone for the Len Medlock Centre. The proposal for consideration formed part of a wider schedule within the locality including the BM site and Crown House each being part of the PE21 development, and applications for those two developments would be tabled through committee at a later date.

The site was an area of public realm within Boston Town Centre. It ran from the St Botolph’s footbridge in the east to the Len Medlock centre to the west. The site comprised footways, landscaping, art installations and a bus/coach parking area towards the west of the site. The vacant B&M store and car park formed the majority of the southern boundary and were partially included within the sites limits. The Len Medlock Centre was to the west, Boston Health Clinic to the north west and Crown House and Boston Police Station to the north. Access to the existing bus and coach parking bays was via Rosegarth Street with the Bus Station further along that road to the west.

The site sat within the designated Town Centre on Inset Map 1 of the Local Plan and adjoined the Boston Conservation Area which included the River Witham and the St. Botolph’s Bridge. Notably the site was also within the setting of the Grade I Listed St Botolph’s Church.

Following consultation comments had been raised by Environmental Health who had no objection and felt the outdoor space to be to a decent quality and would be beneficial in terms of heath, however they had recommended a condition requiring 300mil of top soil. The Council’s Egologist had confirmed that they believed the 10% net gain in biodiversity habitat was achievable but recommended that the applicant aim for a higher biodiversity uplift to provide a buffer against any risk of failing to create the desired habitats, and then failing to achieve the required 10% gain. The Council’s Archaeologist had recommended a potential scheme of archaeological work to develop the presence and significant character of any archaeological deposits on the site and further consideration would be given to the suggestion following the meeting.

Lincolnshire County Council Highways had suggested a Section.106 contribution for the amendment of the existing traffic regulation order that controlled the double yellow lines within the area however a formal submission had not been received.

The transport assessment submitted with the application indicated that there was very low usage of the bays and therefore the two retained would be sufficient. 

The application was acceptable it accorded with Policies 9 and 25 and there was no conflict with the setting of the nearby listed buildings or the conservation area. 

Members were advised of an update to the condition 9 within the report pertaining to archaeology, in that the condition submitted would be deleted and a pre commencement condition requiring a written scheme of investigation covering the whole site.

 

Representation was received from Mr Ashford the agent for the applicant which included:

 

Members were advised that the agent had been involved since inception of the project whereby a master plan had been developed to provide a gateway to Boston. 

The site would be the main arrival point into the town for both coach and train customers.  Consultation had taken place with the Len Medlock Centre to ensure that those utilising the facility were considered and an isolated drop-off bay had been provided for entry to that site. Sustainable urban drainage was on the site to accommodate rainfall. The site opened to greener space and significant tree planting had taken place to off-set the B&M site to comply with the net gain required under current legislation.  A safer environment would be provided by the new site with a hierarchy of footways, along with benches and seating opportunities throughout.  The buoys were being relocated with the finish to be determined. Further consultation would take place with Boston in Bloom to provide an associated planting area around the buoys to reflect their design ethos.  Soft landscaping spaces would also be provided, designed to improve the biodiversity of the site inline with the comments from the ecology officer.

 

The setting to Crown House would be improved with the public realm which would be a catalyst for any future development which may arise. 

 

Members tabled questions to Mr Ashford whose responses included:

 

The public realm would be built from resilient components to withstand weather and any possible physical attention, with design keys having been taken from other similar structures across the U.K which have been in place for a long time and made to a very robust standard.

All green areas would be accessible to pedestrians to provide an inclusive environment.

The Seamen’s Mission Buoy would be relocated adjacent Crown House and be in a more prominent position than its current location and form part of the Arts Trail.

The B&M site and the Crown House sites each formed part of the Master Plan and were not for consideration within the application table. Both would be subject to separate applications.

The estimated timescale for delivery of the site was thirteen months to two years approximately.

It was envisaged that the site would create a safer place as a more natural surveillance was introduced. Footpaths would be wider, existing trees considered to be dead, dying, or diseased had been removed to open up the public footway enabling increased visibility.  In the evening there would be a lighting scheme and CCTV would be introduced.

 

Member deliberation followed which included:

 

Significant concern was noted by some members at the change of access for both users and for deliveries to the Len Medlock Centre.  They cited the loss of direct parking outside the main doors, to the proposed new isolated drop-off bay which was sited away from the main doors, and voiced concern at the context within the report which indicated no requirement to provide parking for the site. The centre was a significant building which was used by many residents including those who were not as able as others in their mobility and who would find it difficult accessing the building from the new ‘drop-off’ point.

Officers advised that it had not been their intent to indicate ‘no need to provide parking the serve the building’. It was a town centre building in a location well served by public car parks and the site itself did not have its own car parking provision.  As such, no parking assets had been removed from that site.

When a number of members questioned the lack of detail within the plan, officers confirmed that it was for full planning permission, but only for the area indicated within the application tabled.  The wider site within the overall master plan included both the B&M Site and Crown House, both of which would be subject to future applications which would be more detailed in nature. 

Overall members agreed the scheme and recognised that the other areas within the master plan would be tabled as they came to fruition. 

 

 

RESOLVED:

That the planning committee agreed the application in line with officer recommendation and subject to the following conditions and informative:

 

1. The development hereby permitted must be begun not later than the expiration of three years beginning with 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 only be undertaken in accordance with the following approved plans;

 

• Drawing No. 831-ALA-XX-XX-DR-L-9005 Rev PL01 -  Site Location Plan
• Drawing No. 831-ALA-XX-XX-DR-L-9002 Rev PL01 - Landscape General Arrangement
• Drawing No. 831-ALA-XX-XX-DR-L-9003 Rev PL01 - Detailed Landscape General Arrangement 1
• Drawing No. 831-ALA-XX-XX-DR-L-9004 Rev PL01 - Detailed Landscape General Arrangement 2
• Drawing No. 831-ALA-XX-XX-DR-L-9009 Rev PL01 – Site Section 1 of 2
• Drawing No. 831-ALA-XX-XX-DR-L-9010 Rev PL01 – Site Section 2 of 2
• Drawing No. 831-ALA-XX-XX-DR-L-9013 Rev PL01 – Planting Plan 1 of 2
• Drawing No. 831-ALA-XX-XX-DR-L-9014 Rev PL01 – Planting Plan 2 of 2
• Drawing No. 831-ALA-XX-XX-DR-L-9015 Rev PL01 – Tree Retention and Removal Plan
• Drawing No. RGS-DCE-XX-XX-DR-C-5000 Rev P01 - Drainage Strategy
• Drawing No. RGS-DCE-XX-XX-DR-C-8000 Rev P01 - Drainage Proposal
• Drawing No. 831-ALA-XX-XX-DR-L-9504 P01 – Sculpture and Water Feature Detail

Reason: To ensure that the development is undertaken in accordance with the approved details, in the interests of residential amenity and to comply with Policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

3. Development may not begin unless a biodiversity gain plan has been submitted to and approved by the Local Planning Authority.

 

Reason: To comply with Schedule 7A of the Town and Country Planning Act (1990, as amended).

 

4. Prior to its installation on site, the final design of ‘The Wave’ art installation shall be submitted to and approved in writing by the Local Planning Authority. The installations shall be in accordance with the approved details only.

 

Reason: In the interests of the appearance and character of the development and the visual amenity of the area including Boston Conservation Area in accordance with Policies 2 and 3 and 29 of the South East Lincolnshire Local Plan, 2019.

 

5. Prior to the implementation or enhancement of any habitat included within the approved gain plan, a 30 year management and maintenance plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include:

• Aims, objective and targets for management, including the target conditions as specified within the Statutory Biodiversity Metric and Biodiversity Gain Plan.
• Details of the management operations necessary to achieve those aims and objectives and the target conditions of all relevant habitats.
• Details of the monitoring needed to measure the effectiveness of management and details of an assessment as to whether the target condition is achieved within the time to target period specified within the approved metric.
• Mechanisms for adaptive management and remedial measures to account for changes in the work schedule to achieved required targets and to redress any shortfall in biodiversity units that may occur.
• Details of the persons responsible for the implementation and monitoring detailed above

The development shall be completed in accordance with the approved details and the management plan shall be adhered to for its duration.

 

Reason: In the interests on improving biodiversity and delivering the Mandatory Biodiversity Net Gain. This condition is imposed in accordance with policy 28 and 31 of the South East Lincolnshire Local Plan 2019.

 

6. The scheme of hard and soft landscaping and tree planting shown on drawing No831-ALA-XX-XX-DR-L-9003 PL01 and 831-ALA-XX-XX-DR-L-9004 PL01 shall be carried out and completed in its entirety during the first planting season following completion of the development. All trees, shrubs and bushes shall be maintained for the period of five years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary.

 

Reason: To ensure that the development is adequately landscaped, in the interests of its visual amenity and character in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan 2019.

 

7. Notwithstanding the submitted details, prior to any works affecting the highway, the final design of footways and parking bays to serve the Len Medlock Centre and the Coach parking shall be submitted to and approved in writing by the Local Planning Authority. The development shall proceed in accordance with the approved details.

 

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site in accordance with Policy 2 of the South East Lincolnshire Local Plan 2019.

 

 

 

8. The development hereby permitted shall proceed in accordance with the drainage proposals detailed on Drawing No. RGS-DCE-XX-XX-DR-C-8000.

 

Reason: To ensure that the site is adequately drained, to avoid pollution, and to prevent increased risk of flooding in accordance with Policies 2, 3 and 30 of the South East Lincolnshire Local Plan, 2019 and national guidance contained within the National Planning Policy Framework 2021.

 

9. Prior to the development hereby permitted first being brought into use, the archaeological evaluation dated February 2024 and submitted with this application shall be deposited in an appropriate archive and confirmation of the deposition shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the implementation of an appropriate scheme of archaeological mitigation in accordance with national guidance contained in the National Planning Policy Framework, 2023 and accordance with Policy 29 of the South East Lincolnshire Local Plan, 2019.

 

10. 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 suspected contamination has been submitted to and approved 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 3 of the South East Lincolnshire Local Plan (2019).

 

11. The development hereby permitted shall be completed in accordance with the construction method statement.

Where works outside of the hours of 07.30-17.00 Monday to Friday are required. These hours shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of the amenity of local residents in accordance with Policies 2 and 3 of the South East Lincolnshire Local Plan, 2019.

 

 

12. The development hereby permitted shall include topsoil capping of 300mm of clean topsoil.

 

Reason: To ensure all contamination within the site is dealt with and to accord with Policies 2 and 3 of the South East Lincolnshire Local Plan (2019).

 

 

BIODIVERSITY NET GAIN CONDITION

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless:

(a)   a Biodiversity Gain Plan has been submitted to the planning authority, and

(b)   the planning authority has approved the plan.

 

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be Boston Borough Council

 

Statutory exemptions and transitional arrangements

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These can be found at Paragraph: 003 Reference ID: 74-003-20240214 of the Planning Practice Guidance, which can be found at https://www.gov.uk/guidance/biodiversity-net-gain.

Irreplaceable habitat

If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.

Effect of Section 73(2D) of the 1990 Act

Under Section 73(2D) of the Town and Country Planning Act 1990 (as amended) where -

(a)   a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”), and

(b)   the conditions subject to which the planning permission is granted:

                          (i)          do not affect the post-development value of the onsite habitat as specified in the earlier biodiversity gain plan, and

                        (ii)           in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat within the meaning of regulations made under paragraph 18 of Schedule 7A, do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier biodiversity gain plan.

                       (iii)          - the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A of the Town and Country Planning Act 1990 (as amended) in relation to the planning permission.