Agenda and minutes

Up to 15 minutes are allowed for public participation.  Participants are restricted to 3 minutes each.

There was no public participation at this point in the meeting.

i)       Meeting of the Planning Committee held on 15 June 2022.

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 15 June 2022 be confirmed and signed as an accurate record.

Members may make any declarations of interest at this point but may also make them at any time during the course of the meeting.

Councillor P. Morris declared a personal interest, in relation to agenda item 6e, application number 144759, as he had a close relationship to the applicant, and knew him well. He would step down from the Committee for the item, and leave the Chamber.

Councillor J. Milne declared, in relation to agenda item 6e, application number 144759, that she knew too much information about the application, and could not give an impartial judgment on the application. She would step from the Committee for the item, and leave the Chamber.

Councillor J. McNeill declared, in relation to agenda item 6e, application number 144759, that he was going to speak as a supporter for the application. He stated that he would state his points, and leave the Chamber.

Note – the status of Neighbourhood Plans in the District may be found via this link

https://www.west-lindsey.gov.uk/my-services/planning-and-building/neighbourhood-planning/

The Development Management Team Manager informed Members of local changes to planning policy. This included that the Sturton by Stow and Stow joint Neighbourhood Plan was formally adopted at the full Council meeting on 4 July 2022. Members also heard that the Hemswell and Harpswell joint Neighbourhood Plan had its examiner appointed.

The Chairman introduced the first application of the meeting, planning application number 144645, for 3no. bungalows with rooms in the roof space including single garages and all associated works at Land rear of 7 Waterford Lane, Cherry Willingham.

Note:               Councillor I. Fleetwood declared that he was Chairman of Cherry Willingham Parish Council. He stated that he did not deal with planning applications in his role as chairman of the parish council, and has made no representations on planning applications.

The Officer stated that there were no updates to his report, and gave a short presentation on the application. The Chairman then invited the registered speaker, the agent for the application, Kevin Coupland to address the Committee. The following statement was made.

The agent thanked the committee, and highlighted the positive neighbourhood consultation process, with no public objections and one registered neighbour supporting the application. It was referred that the boundary issues were dismissed, and that the objections from Cherry Willingham Parish Council were vague. The agent stated that the objection regarding the access road was mistaken, as the access had been increased in width and was approved by Lincolnshire County Council Highways. The speaker also stated that in fire engine access, this was enough, and was also supported by the domestic sprinkler system for the 3 properties.

Regarding objections about density of the application, the agent stated that this was not the case. He stated the studies and drawings from the application submission showed that it was not of high density, and that the location for the development was not challenged by Planning or the Parish Council. Members also heard that there were no statutory bodies objecting to the application, and that the building lines were fine for the development. He summarised that the application was acceptable for development.

The agent progressed to state that the Neighbourhood Plan issues raised by Cherry Willingham Parish Council were aimed at larger developments, such as local character, environment and landscaping. The agent asserted that the trees on the site would be retained. The agent then stated the accessibility of the properties was good, and was of sound design, and followed building control regulations. The agent concluded his statement to reassert that the application stood to scrutiny, held no consultee objections, and hoped for the Committee’s approval.

In response to the statement from the agent, the Senior Development Officer clarified that though the drive on the site does narrow, Lincolnshire Highways did not object to the application and the access for emergency vehicles was a matter for building control through building regulations.

The Chairman then invited comments from Members of the Committee. Debate ensued, and Members brought up points about the density of the proposed site, with comments that referred to nearby, similar developments. Members also discussed the design of the properties, and that statutory bodies had no objected to the application, which included the access for fire engines.

Members also commented the site plans shown in the presentation were out of date,  ...  view the full minutes text for item 21.

The Chairman introduced the next item of the meeting, application number 143891, to erect 5no. detached dwellings with associated boundary treatments, landscaping, private access drive and altered existing farm access, on Land off Main Road & Church Hill, Riby. The Officer informed the Members of the Committee that there were no updates on the application. A short presentation was then given by the Officer.

The Chairman advised that there were no Speakers registered, and invited comments from Members of the Committee.

Members debated the proposed site, the properties design, and the location of it. Comments included that the application connected to Riby and the Yarbrough Estate in the village.

The Officer clarified following a comment from a Member that the site plan was not an indicative plan as this was a full application.

In response to a query about the levels of growth mentioned in the Officer’s report, Members learnt that this was expected to last until 2036. It was also learnt in a similar line of questioning that should the application be granted, only applications with community support could be given approval in the future.

Having been proposed and seconded, the Chairman took the vote and it was unanimously agreed that permission be GRANTED subject to the following conditions:

Conditions stating the time by which the development must be commenced:

1.    The development hereby permitted must be begun before the expiration of three years from the date of this permission.

Reason:  To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

Conditions which apply or require matters to be agreed before the development commenced:

2.    No development must take place until a construction method statement and plan has been submitted and agreed in writing by the local planning authority.  The approved statement(s) must be adhered to throughout the construction period.  The statement must provide for:

(i)             the routeing and management of traffic including any off site routes for the disposal of excavated material;

(ii)            the parking of vehicles of site operatives and visitors;

(iii)           loading and unloading of plant and materials;

(iv)           storage of plant and materials used in constructing the development;

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

(vi)           wheel cleaning facilities;

(vii)          measures to control the emission of dust and dirt;

(viii)        details of noise reduction measures;

(ix)           a scheme for recycling/disposing of waste;

(x)            the hours during which machinery may be operated, vehicles may enter and leave, and works may be carried out on the site;

Reason: To restrict disruption to the living conditions of the neighbouring dwellings and surrounding area from noise, dust and vibration and to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

Conditions which apply or are to be observed during the course of the development:

3.    With the exception of the detailed matters referred to by the conditions of this consent, the development  ...  view the full minutes text for item 22.

The Chairman introduced the next item of the meeting, application number 144201, for change of use to caravan site with associated infrastructure and landscaping, including formation of new access, at Land to the rear of Belmont, Legsby Road, Market Rasen, LN8 3DZ.

The Development Management Team Manager confirmed that there was an update to the report, which was a reversal of a recommendation from the Environment Agency. The sewage issue was possibly conditional, and the Officer confirmed that should the Committee have been minded to grant the application, condition 7 should be amended. The Officer then gave a short presentation on the application.

The Chairman then noted that the large number of registered speakers for this item. The Chairman then invited the first registered speaker, the Town Council Representative, Councillor Taylor of Market Rasen Town Council, to address the Committee. The Representative made the following statement.

The Representative hoped that the Members had read the statement submitted by Market Rasen Town Council, and the report, which highlighted key considerations which included precedence, ecology, environment, roads, landscaping, views and sustainable development. The speaker asserted that this was contrary to six local plan regulations, and declared that it was contrary to LP55, paragraph c. The Representative stated that this provision read that mobile homes should be treated the same as permanent homes.

The speaker commented, as regular user of nearby woods, that the application would disrupt the wildlife and affected LP7. The Representative stated that the new 79 caravans would affect the biodiversity of the area, and a massive extension of the area, not within existing settlements. Regarding the biodiversity, the speaker explained that it was unlikely to be sheltered. The

The Chairman thanked the Representative for his statement.

Note:               The Chairman made the declaration that the previous speaker was a former Member of West Lindsey District Council, and was known to several Members of the Committee.

The Chairman noted that, in an agreed upon decision as one-off due to the volume and length of the statements, there were five registered speakers in the applicant/agent/supporters’ category. The Chairman then invited the first, the agent for the application, Nayan Ghandi, to address the Committee. The agent made the following statement.

The agent stated that the applicant supported the Officer’s recommendation, and could see the conditions for the applications. Members heard that the applicant and agent had worked with the Officer to reach a suitable recommendation. The agent explained that the application site was adjacent to the Market Rasen Race Course, and offered an alternative experience for those visiting the area. It was explained that the site would operate all year round, and intended to draw visitors from around the country, which included in the low season.

The agent then asserted that the application was supported by local business owners, and drew on that the site would lead to an increase of 1.5 million pounds in spending, which secured jobs and the area. The agent stated that this responded to the Visitor Economy  ...  view the full minutes text for item 23.

The Chairman introduced the next item of the meeting, application number 144761, for 1.8m high Pallas fence to front and side boundaries, at 11 The Granthams, Dunholme, Lincoln, LN2 3SP. The Development Management Team Manager highlighted, in a short presentation, the unusualness of the application, and emphasised several key points, such as the medical and personal reasons for the application, which warranted the Officer’s recommendation for granting the application with the condition.

There were no registered speakers, and the Chairman invited comments from Members of the Committee.

Many Members commented that they supported the reasoning behind the fencing, and some referenced individual experiences that related to the personal, medical reasons behind the application.

Responding to a query about the removal of the fencing for future owners’, the Legal Advisor stated that a conveyancer should inform that purchaser of this planning condition, and any others that might apply. The Officer clarifyied that the legal maxim of ‘Buyer’s Beware’ was recommended.

In response to queries about the condition’s wording in order to be precise, reasonable, and enforceable, that it had to meet the five tests. The Legal Adviser stated that the reason for the fence for medical reasons meant it would be challenging for non-medical experts, including the Council, to decide whether the child reaching majority no longer needed the fence. In response to a later query, Members learnt that the child’s medical condition was severe.

In a later comment response, the Legal Adviser detailed that if Members were unhappy with the condition as printed in the agenda, it could be amended to suit the Committee’s preferences.

Members heard that due to not fully knowing the domestic arrangements, and that any changed circumstances could be dealt with by Planning, this condition was precise and enforceable. The Officer explained that though he was understanding of the concerns raised, he stated that he did not foresee the situations raised that would affect the planning condition.

Having been proposed and seconded, the Chairman took the vote and it was unanimously agreed that permission be GRANTED subject to the following amended conditions:

1.    This permission is granted to, and is for the benefit of Mrs Eloise Rimmer only. Once Mrs Rimmer no longer resides at 11 The Granthams the fencing shall be removed, no later than one month from the date of her departure from the property.

Reason: It is considered the personal circumstances of the applicant are a material consideration in the determination of this application.

Note:               Councillor P. Morris stepped down from the Committee for this item and left the Council Chamber at 8.15 pm.

Note:               Councillor J. Milne stepped down from the Committee for the remainder of the meeting and left the Council Chamber at 8.15 pm.

The Chairman introduced the final application of the meeting, application number 144759, for 1no. dwelling with detached garage, at Rear of 5 Mill Lane, Caistor, Market Rasen, LN7 6UA.  The Development Management Officer explained that the applicant was related to an elected Member of the Council, and this was the reason for its consideration by the Committee. The Officer gave a short presentation of the application.

The Chairman invited the registered speaker, a supporter of the application, Councillor John McNeill, to address the Committee. The following statement was made.

The Member stated that he was representing the applicant, Mr Oliver Lawrence, and expressed that he was satisfied with the Officer’s report. Though it was a full planning application, the Member articulated that the applicant wanted full transparency, even with the minor variation to the previously granted application. The Member concluded his statement that the applicant was grateful for the additional support.

Note:               Councillor J. McNeill left the Council Chamber at 8.19 pm.

The Chairman then invited comments from Members of the Committee. Debate ensued, and Members were content with the proposed changes, with queries related to clarifying the proposed design. In response, Members learnt that there was to be one less window, and a 8 inch increase of the property’s ridge height.

In response to a query, the Development Management Team Manager confirmed that if the applicant was not related to an elected Member of the Council, this would have been handled under Officer delegation, and would not have come to the Committee’s attention.

Having been proposed and seconded, the Chairman took the vote and it was unanimously agreed that permission be GRANTED subject to the following conditions:

Conditions stating the time by which the development must be commenced:

None (development has already commenced).

Conditions which apply or require matters to be agreed before the development commenced:

None.

Conditions which apply or are to be observed during the course of the development:

1.    With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the following drawings: ldc-3597-BR-01 B dated 23rd September 2021, ldc-3597-BR-02 B dated 23rd September 2021, LDC3683-PL-01 dated March 2022, ldc-3597-PL-07 dated April 2022 and ldc-3597-BR-03 B 11th August 2021. The works shall be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.

Reason: To ensure the development proceeds in accordance with the approved plans and to accord with the National Planning Policy Framework, Policy LP17 and LP26 of the Central Lincolnshire Local Plan and Policy 3 of the Caistor Neighbourhood Plan.

2.    No development above damp proof course level for the  ...  view the full minutes text for item 25.

There were no comments or statements in this item.

The determination of the appeals were DULY NOTED.