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 4 October 2023

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 4 October 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 M. Boles, Chairman of the Planning Committee, made a personal declaration on behalf of all Members of the Committee, in relation to item 6(d), planning application 147125, “The Granary”, Green Lane, Pilham, that the applicant was a Member of the Council, and so known to all Members of the Committee. It was further clarified that some Members of the Committee had visited the applicant’s home and therefore the building subject to this planning application. However, Members of the Planning Committee retained an open mind and would determine the application in line with their planning committee training.

Councillor J. Barret made a personal declaration in regard to item 6(a), planning application 146461, Land at Hillcrest Park, Caistor, that at the previous meeting where the application was considered, he had voted for refusal. However, he clarified that there had been updates to the report and newly available evidence. He retained an open mind and would remain a Member of the Committee for the application.

Councillor P. Morris made a personal declaration in respect of item 6(a), planning application 146461, Land at Hillcrest Park, Caistor, that the applicant was well known to him and accordingly he would not be taking part in the discussion nor voting on this item and would leave the Chamber whilst the item was considered.

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 was advised that the Levelling Up and Regeneration Act received Royal Assent on 26^th October 2023, and would introduce a number of changes to the planning system. Members heard that most of the sections in the Act directly related to development management. Plan-making had not commenced and would require secondary legislation. 

The measures in the Act that would change the planning system included:-

·       Local planning authorities would be required to have a design code in place covering their entire areas;

·       the Act was to replace the current section 106 and the Community Infrastructure Levy (CIL) regimes with a new Infrastructure Levy;

·       the scope of local plans was to be limited to ‘locally specific’ matters, with ‘issues that apply in most areas’ to be covered by a new suite of National Development Management Policies;

·       “a new duty on decision-makers to make planning decisions in accordance with the development plan and national development management policies unless material considerations strongly indicated otherwise”;

·       The ‘duty to co-operate’ was to be dropped, and time limits prescribed for different stages of plan preparation;

·       the EU processes of environmental impact assessment and strategic environmental assessment were to be replaced by ‘environmental outcomes reports’

·       A ‘street votes’ system would permit residents to propose development on their street and hold a vote on whether planning permission should be given.

·       Planning authorities were to gain the power to instigate auctions to take leases on vacant high street properties

·       changing compensation for compulsory purchase orders to remove ‘hope value’ in some instances; and

·       giving councils the chance to consider applicants' previous build-out rates when determining a planning application.

The Committee also heard that the consultation on the Central Lincolnshire Local Plan Local Lists for validation had commenced on 1 November 2023. The lists established the information that was required to be submitted before a planning application could be validated. The consultation was to run until 23:59 on Wednesday 13 December 2023.

The Development Management Team Manager concluded the update by briefing the Committee on the status of the neighbourhood plans as of the meeting, and were advised as follows:-

Note:               Councillor P. Morris left the Council Chamber, in advance of the next item, at 6.38 pm.

The Chairman introduced the first application of the meeting, item 6(a), application number 146461, to erect 1no. wind turbine on land at Hillcrest Park, Caistor. This was an application deferred from the 12 July 2023 Planning Committee meeting. Additional information had been submitted by the applicant. This included visualisations of the turbine, details of the energy output and noise information. This was all detailed and assessed within the report.

At the meeting on 12 July 2023, it was resolved that the National Air Traffic Services (NATS) be invited to attend the next hearing of the application, in order to explain their objection to the proposal. Members were advised that, whilst it was not possible for them to attend the meeting, they had sent a video to be played to the Committee. This arrangement had been made with prior agreement from the Chairman.  The Officer gave a short presentation about the application, and then presented the requested contribution from a representative from NATS.

In the contribution from NATS, the representative explained that his team's remit was to analyse and mitigate any potential harm to aviation safety. The speaker explained that the technology used in radars used pulses of energy and tracked the 'echoes' of those to assist aircraft in avoiding potential harm. These safety systems utilised a combination of filter and tracking algorithms to stagger the flights and aircraft. Members learned that wind turbines would severely weaken the algorithm's effectiveness, with the perspective from the radars being indistinguishable from aeroplanes. This had the consequential effect of creating potentially dangerous situations.

The speaker stated there were ways to mitigate the impacts of wind turbines near airports. In parts of Lincolnshire, there were small-scale developments of wind turbines that operated safely in compliance with NATS guidance. In relation to the application, the representative explained that work would have to be undertaken in the radar system for any 'blank' identification issues to be covered. In concluding the presentation, the speaker stated that NATS were willing to remove their objection if the application could be conditioned to comply with their advice.

The Chairman invited the first registered speaker, Mr Oliver Lawrence, the applicant, to address the Committee.

In his statement, the applicant explained that the impact on visual amenities was limited, with the turbine looking and functioning like a windmill. Members heard that the site was surrounded by towers, with some above 70 metres tall, which made the size of the proposed turbine miniature in comparison. The applicant stated that a similar turbine had been recently approved and queried whether there was a disparity in the treatment of the application.

With regard to  the electricity capacity, Members heard this was for the site's provisions, with the cost being 33 pence per unit and the ability to sell the electricity for 4.5 pence. Mr Lawrence stated that Caistor's Neighbourhood Plan supported locally sourced energy resources and encouraged similar types of development. He emphasised that electricity from wind turbines also worked well in winter weather and was  ...  view the full minutes text for item 54.

The Chairman introduced the second application of the meeting, item 6(b), application number 146685, for the erection of 6no. detached bungalow dwellings & associated garages on land to the South of Legsby Road, Market Rasen. The Case Officer informed Members that there were no updates and gave a short presentation about the application.

The Chairman informed the Committee that there were five registered speakers and statements, and invited the first registered speaker, the applicant for the application, Mr Daniel Hyde, to address the Committee.

In his statement, the agent stated that a previous application in 2020 proposed five dwellings and established the principle of development on the site. The updated scheme achieved 11 dwellings per hectare and was of low density. He stated that the application would not adversely impact residential amenities and the external attributes would create a sense of place. This attribute was noted in the proposed block plan, and the submitted application would achieve a lower density than the bungalows on the neighbouring roads.

The agent explained Lincolnshire County Council Highways found the scheme acceptable, with no detrimental effects. The archaeological reports also reported consistency and expressed no detrimental effects from the submitted application. Members heard the energy statement submitted showed improved standards, and the preliminary ecological assessment would achieve a 30% net gain. The agent stated that the hedgerow units and development of the trees had been prepared specifically for the site. The indicative foul water plan had no objections from the statutory consultees, and the local pond nearby was prevalent at this time of the year. The speaker expressed that the flooding could be cleared through silting and the existing drain.

The agent then stated that the existing public footpath would not be blocked following completion of the development. He concluded by emphasising that boundary matters were not the concern of the Local Planning Authority, and asserted that the application would enhance the area.

The Chairman thanked the speaker for his statement and invited the Democratic and Civic Officer to read the first of two statements from registered objectors. The first statement, from Jenny Archer, was read aloud as follows:

“We, as noted on the screen, are the immediate residents, of Wetherby Close, The Ridings and Legsby road, connected to the land upon which the above planning application is made. We do have concerns with this proposed planning, which have been mentioned in the public comments of the application.  We would however, just like to voice our concerns once again at this meeting. The long narrow entrance to the proposed site could create a potential hazard with it being next to a road junction, the Ridings, a school entrance, with several cars parked twice a day and outpour of school children, running alongside a well-used public footpath, and a bend in the road with traffic approaching from Legsby.

Dispute of western boundary. The applicant is claiming his west boundary as up against the current residents’ fences.  In fact there is a registered well used public footpath  ...  view the full minutes text for item 55.

The Chairman introduced the next application of the meeting, item 6(c), application number 144560, for demolition of the existing bungalow and replace with 2 storey dwelling, attached garage and all associated works at “Squirrels Leap”, Main Street, Burton. The Case Officer informed the Committee that there was no update, and gave a short presentation about the application.

The Chairman informed the Committee that there was one registered speaker, the agent for application, Mr Dan Rontree, and invited him to address the Committee.

In his statement, the agent explained further background information to the application, and stated that the first application was submitted in March 2022 under the previous Central Lincolnshire Local Plan. There had been reservations about the materials proposed and the style of the property, which were mitigated in consultation with the Authority. The determination date had been postponed over several months, with design tweaks, with the scheme now considered in its fourth version. These amended plans had been conducted out of public consultation until the applicant and the Authority were ready to present the application, which resulted from collaboration to improve the applied scheme.

Mr Rontree stated that the application dealt positively with new policies in the Central Lincolnshire Local Plan and had the support of the Local Planning Authority. The scheme included features to make the dwelling accessible for life, including space for a passenger lift in the house. He explained that the design approach had a roof which fitted the street scene fashion, would remove a poor-quality development, and planned to utilise local materials. These attributes allowed the applicants to spend the rest of their lives in the dwelling. Members heard that solar panels and an air source heat pump were planned for the dwelling. In concluding his statement, the agent explained that the ground level would be amended slightly to ensure it met the conditions noted in the report and hoped that the dwelling would positively impact the village of Burton and protect the surrounding environment.

The Chairman thanked the agent for his statement, and invited comments from Members of the Committee. Members supported the redesigned application and the lack of dominating the street scene of the village. In response to a number of queries about the landscaping, Members learned that nine trees and one group of vegetation were to be removed from the front under the submitted application, which created a more open frontage of the dwelling. These trees were not considered high quality enough to restrict development.

In the discussion, an additional condition on the tree's size, species and position/density was proposed and seconded to mitigate any potential loss during the development and to shield the site from the road and the road to the site.

Having been proposed and seconded, the Chairman took the vote, and it was agreed that permission be GRANTED subject to the following amended 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  ...  view the full minutes text for item 56.

The Committee gave consideration to the final application of the meeting, item 6(d), planning application 147125, for addition of a dormer to detached garage and to use the building as an ‘Airbnb’ at “The Granary”, Green Lane, Pilham, Gainsborough DN21 3NU. The application had been referred to the Committee as the applicant was an elected Member of the Council.

The Chairman invited the Planning Officer to present the report, and highlighted the designs and photos of the development. The Committee heard that this was a retrospective planning application.

The Chairman informed the Committee that there was one registered statement from an objector, Clare Myers-Shaw, that was to be read by the Democratic and Civic Officer. The following statement was read aloud.

“Dear Committee, in brief our concerns are as follows. The extension is very much not in keeping with the surroundings and ultimately overlooks our property significantly please see photos attached. The extension was erected a number of years ago, as we understand without any planning permission whatsoever, which at the time we raised with the council in August 2020 with Catherine Bentley.

Our concerns appear to have been largely ignored throughout until recently when I spoke to David Clark and once again raised our concerns. This appears to be retrospective planning permission which I would have thought a property owned by a council member will have been aware of. We look forward to your feedback on this matter. Thank you.”

The Chairman invited comments from Members of the Committee. Members were supportive of the application and stated that it was of a good design.

Note:               Councillor D. Dobbie made a personal declaration that he would not participate in the discussion or vote, as he had visited the dwelling subject to the application.

In response to a query about overlooking, the Case Officer explained that an assessment had been undertaken and, with a distance of 32 metres to the nearest property, it was not deemed to be an unacceptable harm.

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

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

None.

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 retained in accordance with the following drawings and materials: TGGLP/23/01 dated 27^th July 2023 and TGGLP/23/03 dated 27^th July 2023. The works shall be retained 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 is retained in accordance with the approved plans and materials and to accord with the National Planning Policy Framework and Policy S53 of the Central Lincolnshire Local Plan.

Conditions which apply  ...  view the full minutes text for item 57.

The determination of appeals was NOTED.