Agenda and minutes

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

No statements were made during the public participation period.

RESOLVED that:

a) the minutes of the meeting of the Planning Committee held on Wednesday, 5 July 2023 be confirmed and signed as an accurate record.

b) the minutes of the meeting of the Planning Committee held on Wednesday, 12 July 2023 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.

In connection with item 6(b) – application number 146223 (Rudies Roots Nurseries, Scothern Road, Nettleham), some Members indicated that they were acquainted with the Chairman of Nettleham Parish Council who was due to speak on this application, as Mrs White had previously been a West Lindsey District Councillor.  However, this would not affect in any way, shape or form their consideration of this application.

With reference to item 6(a) – application number 146617 (Nettleham Community Hub, 1 East Street, Nettleham), Councillor Barrett indicated that the premises were situated within his District Ward.  However he had had no prior discussions concerning the application and would consider it with a completely open mind.

With regard to item 6(b) – application number 146223 (Rudies Root Nurseries, Scothern Road, Nettleham), Councillor Barrett indicated that he had visited the nurseries on a number of occasions but would consider the application with a completely open mind.

In connection with item 6(a) – application number 14662 (Nettleham Community Hub, 1 East Street, Nettleham), Councillor Hague indicated that he had visited the premises on a number of occasions but that he had come to the meeting with a completely open mind.

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 Leader reported that on 20 July 2023, draft regulations had been laid in Parliament to introduce a national planning fee increase of 35% for major applications and 25% for all other applications, including an indexation mechanism to allow for annual inflation-related adjustments in the future.  The regulations had also introduced a new prior approval fee for development by the Crown on a closed defence site, removed the ‘free-go’ for repeat applications and reduced the Planning Guarantee for non-major applications from 26 weeks to 16 weeks.

The Government had launched a 12 week consultation, ending 18 October, 2023 on reforms to the plan-making system.

The Government’s vision was for local plans (and minerals and waste plans) to be simpler to understand and use, and positively shaped by the views of communities about how their area should evolve. The Government wanted plans to clearly show what was planned in a local area – so that communities and other users of the plan could engage with them more easily, especially while they were being drawn up.  It had been considered that plans needed to be prepared more quickly and updated more frequently to ensure more authorities had up-to-date plans that reflected local needs.  The Government had expressed the view that plans should make the best use of new digital technology, so that people could get involved without having to go through hundreds of pages of documents at council offices and wanted to drive improved productivity and efficiency in the plan-making process.  Officers were preparing an appropriate response.  Details of the latest consultation and how to respond, should individual Members wish to do so, could be found at:-

https://www.gov.uk/government/consultations/plan-making-reforms-consultation-on-implementation/levelling-up-and-regeneration-bill-consultation-on-implementation-of-plan-making-reforms

The Government had also opened a consultation (ending on 25 September 2023) on expanding Permitted Development Rights.  In summary the consultation referred to the following:-

·       Changes to certain permitted development rights that allowed for the change of use to dwellinghouses.

·       Changes to certain permitted development rights that allowed agricultural diversification and development on agricultural units.

·       Changes to certain permitted development rights that allowed for non-domestic extensions and the erection of new industrial and warehouse buildings.

·       Changes to the permitted development right that allowed for the temporary use of land to allow markets to operate for more days.

·       Changes to the existing permitted development right that allowed for the erection, extension or alteration of schools, colleges, universities, hospitals, and closed prisons to also apply to open prisons.

·       The application of local design codes to certain permitted development rights.

Officers were examining the proposals with a view to submitting an appropriate response.  However should Members wish to respond individually, details of the consultation could be found at:-

https://www.gov.uk/government/consultations/permitted-development-rights

The Committee was advised that new permitted development rights had been introduced on 26 July relating to temporary campsites.  Following the renewed demand for domestic holidays and to support local tourism, a new permitted development right had been introduced which allowed for the temporary use of land for recreational campsites for up to 60 days  ...  view the full minutes text for item 24.

The Chairman invited the Planning Officer to introduce the first application on the agenda, (item 6 (a) - application number 146617), seeking planning permission for the siting of one shipping container for storage purposes for a temporary period of 36 months, at Nettleham Library, 1 East Street, Nettleham.  The application had been brought before the Committee due to the receipt of an objection from the Parish Council.

The site was in the Nettleham Village Centre, as defined in the new Local Plan and was a community hub with a variety of uses.   The existing lawful use of the garage was as a soft play facility.  This application sought retrospective planning permission for a steel container where the soft play equipment was being stored.  The shipping container was just over 6 metres in length and 2.4 metres in height.

There were no public speakers for this item, and the Chairman invited comments from Members of the Committee.

During the course of the discussion it was proposed by Councillor Fleetwood and duly seconded that an additional condition be imposed regarding the cladding of the temporary structure to mitigate its location within a Conservation Area.  Upon being put to the vote, this proposition was declared to be LOST.

It was thereupon proposed and seconded that the application be approved subject to the conditions set out in the Officer’s report and upon being put to the meeting this was declared to be CARRIED.

Accordingly, it was agreed that permission be GRANTED subject to the following conditions:-

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

1. The development is permitted for a period expiring on 10th August 2026 when the shipping container shall be removed from the site unless prior to that date the planning permission has been granted by the Local Planning Authority for its retention.

Reason: The shipping container is applied for temporary permission only.

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:

2. 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: Site Layout & Block Plan and Floor Plans and Elevations, received 4th May 2023. 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 and Policy S53 of the Central Lincolnshire Local Plan.

Conditions which apply or relate to matters which are to be observed following completion of the development:

None.

The Chairman then invited the Planning Officer to introduce item 6 (b) on the agenda (application 146223) seeking planning permission for a new training centre, office, staff welfare facilities and storage building, 2 new glass houses and 1 dwelling with detached garage (resubmission of application number 144113), at Rudies Roots Nurseries, Scothern Road, Nettleham. The application had been referred to the Committee for consideration as it had been considered that this involved a finely balanced decision.

The Chairman welcomed the first of two speakers, Parish Councillor Mrs White, Chairman of Nettleham Parish Council who addressed the Committee along the following lines:-

“Good evening.  This is an account of the involvement of Nettleham Parish Council. in this and the previous application, and my own as the former District Councillor. The original application 144113 including the house, had been considered by the Nettleham Parish Council meeting on 22 February 2022.  The minutes referred to the same comments made in relation to the present application. This proposal seeks to expand on a successful agricultural business and incorporate a new house which could be considered contrary to D5 of the Nettleham Neighbourhood Plan. That was a 2016 Plan relating to building in the open countryside. However, this is a building associated with an agricultural business and so potentially subject to the rural exemption.  Therefore so long as there is a condition on any approval that the house cannot be sold separately from the business, the Parish Council would have no objection.

There was no thought of calling it in at that point, as it was thought permission would be granted.  As the then District Councillor, I was contacted during the process by the agent and the landowner who had been told that the application was likely to be recommended for refusal unless the applicants removed the house.  I expressed my surprise to the Planning Officer, as there were examples of planning permission having been granted in similar scenarios; in fact the adjacent house nearer the village, “Cherries House” had been built after outline planning permission had been granted under the rural exemption in 1998.  The applicant had eventually decided to remove the house from application 144113 in order to get planning permission for everything else and this was granted on 23 January 2023.  The present application 146223 had been brought the 22 February 2023 meeting of the Nettleham Parish Council.

The Parish Council had submitted the same comments.  In supporting the present application, the Parish Council had asked if it could be called into the Planning Committee.   As the District Councillor I had also called it in on 13 March 2023, referring in particular to D7 now D6 of the review of the Nettleham Neighbourhood Plan (Regulation 14) housing development in Nettleham and S1 tier eight and S5 Part D of the review of the Central Lincolnshire Local Plan, which had been adopted on 13 April, 2023.

S1 one tier eight restricts development in the countryside to that, which is demonstrably essential to the  ...  view the full minutes text for item 26.

The Committee then moved on to consider item 6 (c) on the agenda application 146370) seeking planning permission for the demolition of poultry houses and associated buildings and the erection of 4 dwellings on land at 20 Church Street, Hemswell.  The application had been brought before the Committee as representations had been received from third parties.

The Planning Officer reported that amendments to the proposal had been submitted to retain the green space in front of the boundary wall and to remove the additional path.  These plans were submitted to the Highways Authority and at the time of writing the report a response was still awaited.  The Highways Authority response had now been received and it had been stated that if the requested footway could not be delivered due to concerns regarding harm to the character and appearance of the area, an uncontrolled tactile crossing between 9 and 20 George Street to connect to the existing section of frontage footway with a wider for footway network would be required.  This would not require any widening of the footway, just the introduction of dropped kerbs and tactile blocks at the front of the property and to the property opposite within the highway itself.

As a consequence, it would be necessary to remove the original conditions 16 and 17, which were not capable of implementation in accordance with the amended proposals.  The Planning Officer therefore proposed a new and condition 16 stating that prior to any works above ground level, details of an uncontrolled tactile crossing between nos. 9 and 20 George Street shall be submitted to and approved in writing by the Local Planning Authority, the approved details must be in place prior to occupation of any dwelling. 

The reason for that is to ensure the provision of a safe means of access.  

Although the drawings that were submitted by the agent showed the boundary wall unaffected, the Planning Officer was of the view that a precautionary approach should be taken and another condition imposed to the effect that prior to any works above ground level, details of the proposed boundary wall arrangement adjacent the proposed access shall be submitted to and approved in writing by the Local Planning Authority, national and regional bodies to ensure the provision of a safe means of access in accordance with policy as 47 of the Central Lincolnshire Local Plan.  This would require the addition of a drawing reference number that shows the works proposed to the boundary wall.

The Chairman thanked the Planning Officer for his report and as there were no public speakers, opened up the application to debate by the Committee.

It was considered initially that the application merited a site visit but upon further discussion it was considered that a site visit would be unnecessary, particularly bearing in mind the level of detail included within the Committee report and photographs included in the presentation.

Some clarity was sought around the width of the access road and the timing relating to  ...  view the full minutes text for item 27.

The Planning Officer introduced item 6(d) on the agenda (application 146448) seeking permission for the removal of existing extensions and outbuildings and the erection of single and two storey extensions, including material alterations to the existing dwelling at 20 Church Street, Hemswell.  The application had been referred to the Committee as it was related to the previous application.

There were no public speakers and the Chairman invited the Planning Officer to present the report, after which the application was opened up for debate by the Committee.

Members were in favour of the proposal and it was proposed and seconded and agreed that permission be GRANTED subject to the following conditions:-

1. The development hereby permitted shall 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:

None

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

2. 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:

The area edged in red shown on the proposed block plan drawing no. P1-01.

Proposed elevation and floor plans on drawing nos. P1-01 and P1-02.

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: In the interests of proper planning.

3. Prior to any above ground works, all external materials, including but not limited to external facing stonework, roofing, fixtures, rainwater goods will be submitted to and approved in writing by the Local Planning Authority. Work shall take place in accordance with the approved details.

Reason: In the interests of the preservation of Historic assets including Hemswell Conservation Area in accordance with policy S57 of the Central Lincolnshire Local Plan adopted April 2023

4. No engineering bricks or alternative materials shall be used for external facing materials at ground level unless submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the preservation of Historic assets including Hemswell Conservation Area in accordance with policy S57 of the Central Lincolnshire Local Plan adopted April 2023.

5. Prior to any above ground works, a sample panel, no larger than 1m2 in size, of the external facing stonework must be submitted to and approved in writing by the Local Planning Authority. The sample panel must show the bond, size, colour, mortar, joint thickness and finish profile. Work must subsequently take place in accordance with the details approved.

Reason: In the interests of the preservation of Historic assets including Hemswell Conservation Area in accordance with policy S57 of the Central Lincolnshire Local Plan adopted April 2023.

6. Prior to installation, drawings to a scale 1:20 fully detailing the following: new  ...  view the full minutes text for item 28.

The determination of appeals was NOTED.