Agenda and minutes

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i)      Meeting of the Planning Committee held on 6 September 2023

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 6 September 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.

Councillor T. Smith declared a non-pecuniary interest in relation to agenda item 6b, application number 146831, as he was the County Councillor for North Wolds, which included the Keelby Parish. He confirmed he had not discussed the application with anyone and would remain as a Member of the Planning Committee for the item.

Councillor J. Barrett declared a non-pecuniary interest in relation to agenda item 6a, application number 146424, as he was the Local Ward Member for Nettleham. He stated that he would sit as a Member of the Planning Committee with an open mind.

Councillor K. Carless declared a personal interest in relation to agenda item 6a, application number 146424. She stated that, although she had attended the previous meeting of the Committee when the item was discussed, she had not been a Member of the Committee. She stated that she would participate in the discussion for that item but would not vote on the application.

Councillor D. Dobbie declared a personal interest in relation to agenda item 6a, application number 146424. He had given apologies for the previous meeting when the item was discussed and explained he would not vote on the application.

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 Committee heard from the Development Management Team Leader that on 5 September 2023, the Secretary of State for the Department for Levelling Up, Housing and Communities had issued a written ministerial statement to update the policy on planning for onshore wind development in England. The following link was agreed to be included in the minutes:

https://questions-statements.parliament.uk/written-statements/detail/2023-09-05/hcws1005

It was explained that the Government’s formal response to the wider proposals in the National Planning Policy Framework consultation would be published later this autumn.

Members heard that policy changes regarding onshore wind development, relevant to planning decisions, took effect immediately upon publication (with some transitional arrangements for plan making set out at Annex 1 of the statement). The amendments were to chapter 14 of the National Planning Policy Framework and responded to the technical consultation that concluded earlier this year.

The measures would pave the way for more onshore wind projects to come online by broadening the ways that suitable locations could be identified. Communities would be able to bring forward proposals to local councils, rather than solely identifying developments through local plans which could take many years (via Local Development Orders, Neighbourhood Development Orders and Community Right to Build Orders). Additionally, the measures would ensure local councils considered the views of the whole community, rather than a small minority, when considering a planning application. This would address the planning impacts of these focused changes to the NPPF, with further guidance to follow on best practice and new digital engagement techniques.

Members also heard that the Government had announced delays to the introduction of mandatory Biodiversity Net Gain (BNG). The latest announcement stated:

“developers in England will be required to deliver 10% “Biodiversity Net Gain” from January 2024 onwards when building new housing, industrial or commercial developments meaning by law they must deliver a net positive for the local environment, for example by creating new habitats and green spaces. Biodiversity Net Gain for small sites will still be applicable from April 2024, and implementation for Nationally Significant Infrastructure Projects remains planned for 2025.”

The full announcement would be made available within the minutes as follows:

https://www.gov.uk/government/news/biodiversity-net-gain-moves-step-closer-with-timetable-set-out)

With regards to the Neighbourhood Plan updates, it was explained that the Hemswell Cliff Neighbourhood Plan had passed examination and a referendum was scheduled to be held on Thursday 19 October 2023. Members also heard that the Nettleham Neighbourhood Plan review had been submitted to the Authority, and the regulation 16 consultation would commence shortly.

The Chairman introduced the first application of the meeting, item 6(a) application number 146424, seeking outline planning permission (all matters reserved) for the erection of 3 dwellings on land adjacent to 51A Washdyke Lane, Nettleham. The application had been referred to the Committee following the receipt of third party representations including from Nettleham Parish Council, referring to the Neighbourhood Plan policy, and was initially deferred from 12 July 2023 to request for further information on drainage. The Legal Advisor clarified that following the deferral and re-consultation, the decision needed to be centred on the reasons for the deferral, and the new information presented to the Committee as a result.

The Case Officer explained there had been some updates since the report had been published. These focused on the review of the Nettleham Neighbourhood Plan, which had been submitted for regulation 16 consultation, and also comments received from Nettleham Parish Council. These were specifically relating to drainage maintenance and a request for further soakaway calculations. In addition, it was highlighted that an agreement had been reached to extend the deadline for determination to 6 October 2023. The Officer continued with his presentation of the application, after which the Chairman thanked him for the detail and invited the first of the registered speakers to address the Committee.

Councillor Angela White, Chairman of Nettleham Parish Council, raised the following concerns. She stated that the indicative surface water drainage scheme provided insufficient detail of the drainage design and there were no measurements indicating the size of the soakaways. It was also not clear what design of soakaway was to be used, therefore, the Parish Council felt it was not possible to determine the exact surface water discharge rate or the impact within the flood risk zone and the wider area. Additionally, there was no indication of the permeability of the material to be used for the proposed hardstanding areas. Councillor White explained that the proposed houses would be on top of the slope which descended towards the beck, stating that it was therefore likely that the excess water would drain in that direction, hence the concern that excess water should be managed on site. She added a further concern was that surplus building materials or tree remains could also go into the beck, requesting that there be measures in place to prevent that happening. Further concerns were raised regarding the width and visibility of the driveway, particularly for the use of emergency services vehicles. To conclude, Councillor White requested there be assurances that conditions to prevent flooding and the entry of excess water and materials into the beck had been met.

The Chairman thanked Councillor White for her statement and invited the next speaker to address the Committee.

Mr Michael Orridge, Agent for the Applicant, that the Chairman and the Committee for the opportunity to speak. He explained that he and the applicant had continued to work closely with the Case Officer since the deferral of the application at the Planning Committee in July  ...  view the full minutes text for item 44.

The Chairman introduced the next item of the meeting, item 6b, planning application 146831, for change of use to storage facility for 40 No. Caravans / motorhomes making use of and extending existing hardcore hardstand. Screen tree planting and hedge reinforcement planting and installation of key locked timber clad steel gates, hooped barriers and 2No. 3M high CCTV poles to cover the site plus a 38M x 2M security ditch and boundary wire mesh fence with timber posts, at land off Barton Street, Keelby, DN41 8EP.

The Development Management Team Leader informed Members of the Committee there were a few updates, which included a biodiversity net gain plan, with the summary of the findings being 0.07 biodiversity units. A short presentation on the application was then made.

The Chairman invited the first registered speaker, the Parish Council representative for Keelby Parish Council, Councillor Trevor Wright, to address the Committee.

Councillor Wright thanked the Chairman and the Committee for the opportunity to speak in support of the application. He highlighted that Keelby Parish Council had written a detailed letter of support and were able to further back the application through the recently approved Neighbourhood Plan. He expressed his disappointment that these positive statements had been discarded and the outcome of the report seemed only to focus on the classification of the land to be used. He proceeded to highlight which sections of the Neighbourhood Plan supported the application, referencing section one regarding small businesses, as well as sections within the Central Lincolnshire Local Plan, such as sections five and section eight, regarding enhancing the rural economy. He highlighted that there were existing non-arable businesses and stated the clear need within Keelby for the service provided by the application under consideration, with many residents using the site and many more on the waiting list. He highlighted the compound benefits of reduced congestion and on-road parking. He requested the Committee to reject the Officer recommendation, stating it would be a real shame if the influence of the Neighbourhood Plan came to nothing.

The Chairman thanked Councillor Wright for his time and invited the next speaker to address the Committee.

Members heard from the applicant, Joanne Calaby, that the land in question had been in her family for decades and used to be used to home goats that in turn provided milk to the local hospital, for those who had allergies to cows’ milk. She highlighted the history of the site for being community focussed and used for good, later becoming a donkey sanctuary and more recently providing allotment space for people in the village. She explained to the Committee that the land was also used by local groups such as the Scouts and Brownies, as well as being home to trees planted for the Platinum Jubilee and also a memorial orchard. Mrs Calaby explained that she had first allowed family to start using the land to store their caravans, this then escalated to other residents asking the same, as there had been increasing  ...  view the full minutes text for item 45.

The Chairman introduced the next application, item 6(c), planning application 146628, to erect 2no. detached bungalows with detached garages & 1no. detached bungalow with attached garage at land off Caenby Road, Glentham, LN8 2EZ.

The Planning Officer explained that there were no updates and gave a brief presentation on the application. The Chairman informed the Committee there were two registered speakers, and invited Mr Andrew Clover, the agent for the application, to address the Committee.

Mr Clover thanked the Committee and explained that the site was infill, as it was between a housing development to the north and Glentham Methodist Chapel and further frontage dwellings to the south and west. He felt that developing the site to provide a row of frontage dwellings was in keeping with the character and would retain the core shape and form of this part of the village. He stated there had been careful design considerations which strengthen the sense that this area was all within the developed footprint of the village. He highlighted that advice was sought from Officers in relation to the principle of the development, with early discussions confirming that development of the site would accord with the spatial policies LP 2 and LP 4 of the previous Local Plan. As policies for the new plan were broadly similar, the principle of development continued to be acceptable.

It was highlighted that policy S53 required all developments must achieve a high quality, sustainable design that contributed positively to local character landscape and townscape, and supported diversity, equality and access for all, first and most importantly, the dwellings had been designed to be fully accessible and comply with Part N4 of the Building Regulations. Mr Clover detailed the building materials to be used and highlighted the endorsement from the Conservation Officer. He stated the dwellings would have air source heat pumps, photovoltaic panels and mechanical ventilation heat recovery. A preliminary ecological appraisal had been carried out and biodiversity net gain calculations produced. These calculations showed that the development would provide a net gain of 36%. Mr Clover concluded by thanking the Officers for their time and assistance and for the application process having been straightforward. He invited the Committee to approve the recommendation as per the report.

The Chairman thanked Mr Clover for his time and invited the second speaker, Professor Nick Blagden to address the Committee. Prof. Blagden explained he was speaking in objection to the application, on behalf of Mr Doherty, who was unable to attend the meeting.

The Committee heard that Caenby was designated as a hamlet and as such development was to be limited to a single dwelling such as infill development or development allocated through a Neighbourhood Plan. It was highlighted that planning decisions in Caenby had already surpassed published growth levels. Prof. Blagden explained that Mr Doherty believed the flurry of recent planning applications could not be read in isolation as it could be seen to create an unequal precedent in favour to a particular applicant. It was highlighted  ...  view the full minutes text for item 46.

The Chairman introduced the next item of the meeting, planning application 146926, and listed building consent 146927 at 1 Silver Street, Gainsborough, DN21 2DT. The applications were as listed below:

146926:Planning application to replace shopfront and facade, introduction of 3no. new shopfronts, renovation and refurbishment of interior spaces to create new shop floor and 3no. flats above. 

146927: Listed building consent to replace shopfront and facade, introduction of 3no. new shopfronts, renovation and refurbishment of interior spaces to create new shop floor and 3no. flats above.  

Note:              Councillor D. Dobbie made a non-pecuniary interest that he was a Member of Gainsborough Town Council and had given his support on these applications, and the following agenda item, in that capacity. Following advice from the Legal Adviser, Councillor Dobbie left the left the Chamber at 8.19pm, for the remainder of the meeting.

The Committee heard from the Senior Development Management Officer that since the report was published, further negotiations had been ongoing with the agent, planning officer and conservation officer regarding the proposed materials to be used in the development as requested in the published list of conditions. Additional information was received from the agent on 2 October which gave further details regarding the materials to be used in the development. This information had since been reviewed by the Council’s Conservation Officer who had confirmed that they were happy with the materials. It was therefore recommended to Committee that conditions 3 and 11 of the planning permission and listed building consent were deleted and conditions 5, 6, 8 and 9 were amended to read that ‘the development shall proceed in accordance with the relevant details and/or specification received on 2^nd October’.

Following the presentation from the Officer, the Chairman invited the one registered speaker, the agent for the application, Mr Chris Bowen, to address the Committee. In his statement, Mr Bowen highlighted that the scheme was a part of the Townscape Heritage Initiative and the Levelling Up funded works, and he had worked closely with Officers to put together an acceptable proposal.

The Chairman invited comments from the Committee. Members were supportive of the proposals and were pleased to see the proposed improvements to the shops.

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

Conditions for planning permission 146926:

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

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  ...  view the full minutes text for item 47.

The Committee then considered the final application of the evening, item 6(e) on the agenda, planning application 146815 for the refurbishment of the front façade, replacement roof covering and conversion of upper floor into 1no. residential unit at 1-5 Lord Street, Gainsborough, DN21 2DD. The application had been referred to the Committee as it did not have parking provision, despite this being a requirement following the adoption of the new Central Lincolnshire Local Plan. During the item, Members were given a short presentation about the application, which assessed its designs and policy merits.

Note:              Councillor M. Boles declared a non-pecuniary personal interest that he knew the occupiers of the property but had not discussed the application with them. He had an open mind and would remain in the Chair for the item.

The Chairman invited the agent for the application, Mr Chris Bowen to address the Committee.

In his statement, Mr Bowen highlighted the reason for the application coming before the Committee, noted the recommendation to approve and suggested that the scheme of delegations could be reviewed in order to expedite such applications in the future.

Following invitation from the Chairman, the Development Management Team Leader reiterated the application was being considered by the Committee due to the policy requirement for parking, and that the recommendation was for approval. Members were supportive of the application, noting that there was parking provision in the immediate area.

Having been proposed and seconded, upon taking the vote, 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 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.Prior to their installation, details of the colour of the new windows, doors and awnings shall be submitted to and approved in writing by the Local Planning Authority. The approved colour shall be used on the new windows doors and awnings and retained thereafter.

Reason: To ensure the use of an appropriate colour within the Conservation Area and in the interests of visual amenity and the character and appearance of the site to accord with the National Planning Policy Framework and policies S53 and S57 of the Central Lincolnshire Local Plan.

3. Prior to re-roofing, a sample of the natural Welsh slate shall be provided on site or full details submitted to and approved in writing by the Local Planning Authority. The approved slate shall then be used.

Reason: To ensure the use of appropriate materials within the Conservation Area and in the interests of visual amenity and the character and appearance of the site to accord with the National Planning Policy Framework and  ...  view the full minutes text for item 48.

As of 26 September 2023, there were no appeal determinations to be noted.

There were no appeal determinations for noting.