Agenda and minutes

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

i)      Meeting of the Planning Committee held on 3 January 2024 (To Follow)

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 3 January 2024 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 146823, as he worked for Sir Edward Leigh MP, but had not, at any point in time, discussed the application nor acted on his behalf with regard to this matter.

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/

Members heard that the government had revealed the long-awaited commencement date for mandatory biodiversity net gain for both major and smaller developments, after laying a statutory instrument before parliament. The BNG policy, introduced by the 2021 Environment Act, would require developers to demonstrate how they planned to achieve a minimum 10% increase in biodiversity with all new developments in order to obtain planning permission.

The government had now tabled the statutory instrument (SI) confirming the commencement date for major development as being 12 February. The department also confirmed that ??the BNG requirement for small sites would apply from 2 April. In a statement published on 18 January, the Department for the Environment, Food and Rural Affairs (Defra) said: “From 12 February, BNG will apply to new applications for planning permission, except for applications for retrospective permission, the exemptions and transitional arrangements.”

Within Central Lincolnshire a minimum 10% increase in biodiversity was already sought under policy S61 of the CLLP, with Officers across Central Lincolnshire working closely to ensure adherence with the 12 February launch date.

Members were advised that draft guidance for local planning authorities could be viewed online at the following link:

https://www.gov.uk/government/collections/biodiversity-net-gain#local-planning-authority-guidance

The following update on Neighbourhood Lans was also provided.

The Chairman introduced the first application of the evening, application number 146729, to raise the ground to 5.90m AOD and increase the width and depth of the existing pond at 33 West Bank, Saxilby, Lincoln. The Committee heard of two updates since the report had been published, one being a further comment from a resident raising similar flood drainage concerns, and also additional information on the deliveries. Should the application be approved, there would be 47 days of vehicle movements for delivery of the materials on to the site, with deliveries spaced over a period of time to lessen the impact.

Following a presentation on the application, the Chairman explained there were six registered speakers, and he invited the first, Councillor Liz Hillman, Chair of Saxilby Parish Council, to address the Committee.

Councillor Hillman explained local and Parish Council objections to the application, based on concerns regarding the potential impact of flooding in the area, the traffic movements and the associated impact on the road and other road users, as well as environmental issues related to emissions, and flood risk. She detailed what the Parish Council believed to be the anticipated traffic movements in relation to this application and stated the existing damage to the road, caused by flooding and excessive heavy goods vehicle movements, would be exacerbated much to the detriment of other residents and road users.  With regard to flooding, Councillor Hillman stated there had been severe flooding across the road and into gardens, with a multi-agency meeting arranged involving the Environment Agency, Canal and River Trust, Anglian Water and Lincolnshire County Council. The proposed traffic management plan was welcomed, however there was local scepticism as to whether it would be adhered to, leading to potential issues with mud and debris clogging drains, thereby further worsening drainage issues in the area. It was felt that the proposed works and associated vehicle movements would worsen the impact of the existing issues. Councillor Hillman concluded her address to the Committee by requesting that Councillors undertake a site visit, in order to view the location of the proposed work, prior to making any decision.

The Chairman thanked Councillor Hillman for her time and invited the second registered speaker, Mr Giles Cook, the applicant, to address the Committee.

Mr Cook highlighted that the application adhered to planning policy and had received no objections from statutory bodies. He stated there was a robust drainage system designed that would prevent any further flooding around the site and surrounding areas, and there had been no objections from the Environment Agency or the Lead Flood Authority. He explained that a comprehensive ecological report had been prepared, giving a biodiversity net gain of 12.63% and would allow wildlife to flourish. He brought attention to the traffic management plan which had been submitted and approved by the Highways Agency. With regard to the low-lying level of the land, Mr Cook stated it was clear to see the ground levels were much lower than the surrounding land, with  ...  view the full minutes text for item 81.

The Chairman introduced the second application of the evening, number 146823 to erect 2no. dwellings, detached garage, stables with manege, construction of vehicular access and change of use of agricultural land to a paddock on land at Caenby Road, Caenby, Glentham, this being a resubmission of application number 145745. With no updates to the application, Members were provided a short presentation of the application. Chairman thanked the Officer and explained there was one registered speaker, Mr Andrew Clover, the agent for the applicant. Mr Clover was invited to address the Committee.

He thanked Chairman and Members for the opportunity to speak, and summarised the details of the application under consideration. He highlighted that the application and design had been developed alongside the Planning Authority and was intended to complement the historic character of the village. He confirmed that care and consideration had gone into the positioning of windows and balconies to ensure there was no overlooking of neighbouring plots, and he highlighted that the Conservation Officer had confirmed there would be no harmful impact on the setting of Rose Cottage. Mr Clover brought attention to the biodiversity net gain being over 10%, as well as highlighting that there had been no objections from statutory consultees. Having explained the application, Mr Clover concluded his statement by requesting the Committee to support the Officer recommendation to approve the application.

With no Officer response needed, the Chairman invited comments from Members of the Committee. In response to a questions regarding horse waste and the proximity to any open water source, the Officer highlighted through photographs and drawings the location of where manure would be stored, confirming it was away from open water sources.

With this confirmed, the Officer recommendation was duly moved and seconded. On 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:

2. Prior to the commencement of the development, a 30-year Biodiversity Net Gain Management and Maintenance Plan & Landscape Management Plan shall be submitted to and approved in writing by the Local Planning Authority. This shall include the following details:

•        Details of the size, species, planting arrangement and position of all trees, hedgerows and other vegetation to be planted in accordance with the details in the submitted Preliminary Ecological Appraisal and Biodiversity Net Gain Assessment for ‘The Paddock, Caenby Road, Glentham’ (KJ Ecology Ltd) dated November 2023 and Drawing No. 40923-110 Rev B dated 05/01/2024.

•        Details of boundary treatments (including boundaries within the site) and hardstanding.

The development shall be carried out in accordance with the approved scheme.

Reason: To ensure that the biodiversity net gain  ...  view the full minutes text for item 82.

With no comments, questions or requirement for a vote, the determination of appeals was NOTED.