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 2 November 2022, previously circulated.

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 2 November 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 R. Waller declared a non-pecuniary interest, in relation to agenda item 6f, application number 145619, that he was the Local Ward Member for Sudbrooke, but had not participated in the application previously and at the Parish Council level, and would remain as a Member of the Planning Committee, and Vice-Chairman.

Councillor J. Summers declared a non-pecuniary interest, in relation to agenda item 6d, application number 145360, that he was the Local Ward Member for Waddingham and Spital, and had made his views known on the application. He would state his views on the application in this capacity, and leave the Chamber.

Councillor R. Patterson declared a non-pecuniary personal interest, in relation to agenda item 6a, application number 145135, that though he was not at the site visit, he regularly visited the area, and knew the site well enough to participate on the application.

Councillor D. Cotton declared a non-pecuniary interest, in relation to agenda item 6b, application number 145260, that he was the Local Ward Member for Saxilby, but had not participated in the application at the Parish level, and would remain on the Committee for the application.

Councillor A. White declared a non-pecuniary interest, in relation to agenda item 6a, application number 145135, that she had called in the application to be considered by the Planning Committee. She also declared that she had not communicated her views, and would remain as a Member of the Planning Committee.

Councillor A. White also declared a non-pecuniary interest, in relation to agenda item 6e, application numbers 144480 & 145076, that she was the Local Ward Member for Nettleham, and also a Parish Councillor for Nettleham. She had not made her views known on the application, and would sit with an open mind as Member of the Committee.

In relation to agenda item 6a, application number 145135, Councillors J. Milne, P. Morris, and J. Rainsforth declared a personal interest that they were not present at the site visit, and so would not participate in the item.

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 updated Members that the Levelling Up and Regeneration Bill was at the “Report Stage” and was being considered in the House of Commons. There were various reports of amendments to the Bill being tabled, and further information could be found online.

Moving to local matters, the Officer updated Members on the Central Lincolnshire Local Plan examination, and that two weeks of examination had been held. The examination was to recommence on 6 December, held in person, at Double-Tree by Hilton in Lincoln. In the week commencing 13 December, the hearings were to be held virtually. The Officer then progressed to highlight Neighbourhood Plan (NP) updates, informing Members that the Hemswell Cliff NP, Keelby NP, and the Nettleham NP Review had their different consultation stages completed and that the next stages of the processes were underway.

The Chairman introduced the first application of the meeting, application number 145135, for the change of use of land for the siting of 12no. gypsy/traveller residential caravan and the erection of 2no. amenity buildings, on land rear of Watering Dyke Cottages, Grange De Lings, Lincoln. The application was being reconsidered at Committee following a site visit, as resolved to undertake at the previous meeting of the Planning Committee. The Officer stated that there were no major updates to the application, barring a small amendment to condition 2, which was to formalise the scheme for foul water. The Officer then gave a short presentation on the scheme.

The Chairman advised that there were two registered objectors wanting to speak on the application. He invited the first registered speaker, Alex Wright, to address the Committee. The following statement was made.

“Following on from our previous statement, we would like to further inform you why we strongly object to this proposal. Firstly, we disagree with the concluding remarks reported stating that this site doesn't impact the living conditions of the settled community, As you know on multiple occasions, we have received threats of criminal damage to the septic tank, personal threats, and verbal abuse. We have had our septic tank attempted to be tapped into for use and had confirmation that access will not be provided to empty it. There has been a significant increase in traffic and noise pollution. Intrusive lighting was installed without the required permission. Our driveway now looks industrialised and unpleasant, their land next to the driveway is unmaintained with masses of weeds and large soil piles dumped there. An excessive amount of unknown people enter our driveway, overlooking our gardens, there is no privacy. These incidents impact our living conditions and will get significantly worse if passed, currently, only a minor proportion of occupants live on site. To put this into context planning permission on this land was previously rejected for two stables due to it being unsuitable, how will this significant development be adequate?

We are is concerned about our driveway. Whilst the applicant has now served notice on our access, this was provided after an objection was submitted. Not before the application was submitted as is required by the regulations. Our objection stated we would not approve these works pm the driveway for access, for this use.

We are concerned about the number of caravans proposed on such a small site. This will harm our living conditions and amenities. There is a sad loss of agricultural land creating a loss of rural character. The noise pollution and disruption have been significant, regular shouting can be heard from the site; this will only get worse if approved. Vehicle movements, overlooking, verbal abuse and threats are likely to increase too. My family no longer enjoy or feel safe living in this area. Judging by the number of cars/vans/ visitors to the site this could lead to 30-plus vehicles when fully occupied, this will be disastrous considering they're using  ...  view the full minutes text for item 76.

The Chairman introduced the next application of the meeting, application number 145260, a hybrid planning application comprising: (1) full planning application for a petrol filling station (Sui Generis) with rapid electric vehicle charging facility and retail kiosk (Use Class E), alongside a drive- thru coffee shop (Use Class E / Sui Generis) with associated access, parking, servicing and landscaping areas; and (2) outline planning application for an additional drive-thru facility (Use Class E / Sui Generis) with associated parking, servicing and landscaping areas (with all matters reserved for future consideration), on land at Lincolnshire Showground, Horncastle Lane, Scampton, LN2 2NA. The Officer informed Members that there were no updates, and gave a short presentation to the application.

After a query clarifying the consultation process with the parish, the Chairman invited the agent and a joint applicant for the application, James Cox and Jane Hiles, to address the Committee.

In his brief statement, the speaker welcomed the recommendation and highlighted the possible benefits of the application, emphasising the need for HGV parking, rapid electric vehicle charging, new food and drink establishments, and up to 68 new jobs created with the development. He also emphasised that there were no objections by the statutory bodies. He concluded his statement and handed over the remaining time to Jane Hiles.

Immediately following the agent, Jane Hiles addressed the Committee and described her status as a past Chairman of the charity responsible for the Showground. She progressed to state that the number of showgrounds across England was decreasing and that there was a concern about losing the prestige nature of the site. The speaker explained that this was not the route the charity trustees wished to have taken but raised concerns about the financial pressures. She then stated that the charity was proud of the year-round work, which included thousands of school children visiting, supporting trained and trainee teachers, and over a hundred Lincolnshire businesses being involved.

Moving to how the application fitted into the Showground, the speaker argued that it could be delivered without damaging the rest of the Showground and the work done. The Showground Charity owned 290 acres, with only 1.22 acres of land utilised for this application. Plenty of alternative space was available for current and future agricultural events, exhibitions, and car parking. The speaker also explained that it would provide vital services and would be able to compete with the other 16 showgrounds. The speaker explained that the high costs of running the significant events might be better supplemented with this application and that it had support from their regular exhibitors and contractors.

The speaker then referenced that other Showgrounds had nearby facilities, some being on-site or less than a mile away, and that the application outcome might allow for a hotel to be developed on-site. In concluding her statement, the speaker stated that the money the Showground earned was to be spent on their educational work or improving the Showground itself. She thanked the Committee for listening to her comments.  ...  view the full minutes text for item 77.

The Chairman introduced the next application of the meeting, application number 145314, for the construction of 22no. apartments and 11no. bungalows; including associated gardens, vehicle access and parking, on land south of The Ridings, Market Rasen, Lincolnshire, LN8 3EE.

The Development Management Team Leader gave the Committee several updates. The first was an update following communication received from Lincolnshire County Council. It was noted that although Section 38 and Section 104 technical approvals had been granted, the developer had apparently made subsequent arrangements with Anglian Water to change the surface water drainage disposal strategy to discharge into the existing main sewer, rather than to provide a sewer that would fall into the watercourse on Legsby Road. The Officer suggested an additional condition

that would not allow development until a drainage strategy had been submitted and approved in writing by the Local Planning Authority. This would allow determination of the current application as a funding deadline was in for affordable housing and a deferral might affect funding. The additional condition was as follows:

“No development shall take place until details of the proposed surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority”

Reason: To ensure a satisfactory scheme of drainage is provided in accordance with policy LP14 of the Central Lincolnshire Local Plan

The Officer then commented that the report should have also included an objection from an adjacent dwelling. In summarising the statement, it was referenced that the objector claimed the application was contrary to the Central Lincolnshire Local Plan, the upcoming revised local plan, and expressed concerns over the heavy rainfall and flooding on the site in recent memory. The Officer noted the attenuation pond which was in place stopped some residents from being flooded. The Officer also explained that the concern about the highway access was moot, as the access had already been approved and there was no proposed change. Finally, responding to a concern about the potential noise and disturbance concerning LP 26, Members heard there was a condition that required a Construction Management and Method statement to be submitted for the development. The Officer then gave a short presentation on the application.

The Chairman advised there were four registered speakers, and invited the Democratic and Civic Officer to read out the first statement, from Stuart Liles, the agent for the application. The following statement was read aloud.

“Good evening, this statement has been prepared on behalf of the Applicant concerning the proposed LACE Housing development to be determined at today’s committee. The application site forms part of a wider development for up to 150no dwellings which was granted Outline Approval in 2017. A later Reserved Matters Application for the wider development by Rippon Homes was approved in 2019, which again included the parcel of land associated with this application. Included within the Reserved Matters Application were full details of the intended Road and Drainage Design for the whole development. These were all approved by the Highways, LLFA and  ...  view the full minutes text for item 78.

The Chairman introduced the next application of the meeting, planning application 145360, to erect 7no. dwellings and associated infrastructure, on land to the rear of Marquis of Granby, High Street, Waddingham, Gainsborough, DN21 4SW.

The Officer informed Members of the Committee of a few updates. The first was that there had been five further objections. The second was that the report had excluded the non-designated heritage asset identified in the Officer’s presentation. This included the former schoolhouse in Waddingham. The Officer explained that the NPPF provisions, in paragraph 203, stated that the effect of an application on the significance of a non-designated heritage asset should be considered in the determination of the application of whether it directly or indirectly affected the non-designated asset. It was the Officer’s opinion that this application would not mean losing the heritage asset or affecting its fabric, though it would be within its setting. This had been confirmed with the Conservation Officer. The Senior Development Management Officer then gave a short presentation on the application.

The Chairman advised that there were four registered public speakers. The first was a statement to be read by the Democratic and Civic Officer, from the Chairman of Waddingham Parish Council, Councillor Lauretta Williams. The following statement was read aloud.

“Waddingham Parish Council would like to thank the relevant officer for the thorough Officer’s report for this planning application and thank him for taking notice of the comments of Waddingham Parish Council. We agree with the amendments, conditions and conclusions noted in the report and hope and expect that the developer complies with them all if the application is passed.”

The Chairman thanked the Democratic and Civic Officer for reading the statement, and invited the agent for the application, John Benson, to address the Committee.

In his statement, the speaker stated that the last time he addressed the Committee was on the change of use for the adjacent former public house. He expressed his appreciation to the case officer and wanted to resolve the problem. The speaker explained that the 2019 granted outline application, followed by the 2021 detailed full application being refused, was justified due to the high concern about the design proposals. This refusal led to the speaker’s involvement in the process.

The speaker then stated that this application had gone through the pre-application route and received a clear brief of what was acceptable, which included the design of the dwellings, following a standard set, and highlighted the variety of dwelling sizes for the proposed site. The agent’s view was that this was to respect the historic place of the site and referenced the Conservation Officer’s support for the application. This included reducing the height and massing of some of the dwellings and mitigating concerns about drainage and highway matters.

The speaker commented that all the dwellings exceeded the parking requirements and that Lincolnshire County Council Highways were satisfied with the access on and off the site. It was also referenced that Condition 8 would mean no harm  ...  view the full minutes text for item 79.

The Chairman introduced the next item of the meeting, planning applications 144480 and 145076, on land off 72 Scothern Road, Nettleham, Lincoln, LN2 2TX. The applications were as listed below:

144480: Planning application to erect 7no. dwellings.

145076: Planning application for 2no. dwellings, including landscaped area.

The Development Management Team Leader explained there was an update to 144480. The application had gone through a re-consultation which was to end on the 2nd of December. New comments had been received from Lincolnshire County Council Education department, requesting £18,367.00 towards primary education which would need including in the s106.

This was due to Lincolnshire County Council Education using updated pupil projections, therefore a change to the needs for the planning area had occurred and the cost per pupil to mitigate children created had been updated. No new information had been received from other consultees. It was requested that the application be granted and delegated back to officers to assess any remaining representations that may be received before the deadline and to complete the s106.

The Development Management Team Leader also explained there was no update to the 145076 application, and gave a short presentation. The Chairman advised there were no registered speakers, and invited comments from Members of the Committee.

In response to a set of queries about the use and application of the Nettleham Neighbourhood Development Plan, the Officer explained that the existing neighbourhood plan was dealt with within the report and that the use of the Nettleham Neighbourhood Plan review was ongoing. The Officer clarified further in a later answer that the Neighbourhood Plan did allow for further development for the site and that the proposal was satisfactory. It was stated that the ’50 dwellings’ figure was indicative, with in-fill development and intensification allowed.

In a further query about the application of the Neighbourhood Plan, the Development Management Team Manager explained that it was an allocated site in the 2017 Central Lincolnshire Local Plan, and the focus of the Committee should be more on the impact of the dwellings, not the numbers being applied for on the site. It was explained that the proposal in front of the Committee was, in the Officer’s consideration, compliant with planning policy.

Having been proposed and seconded, the Chairman took the vote on both applications at the same time, and it was agreed by majority vote that:

The decision to grant planning permission subject to conditions be delegated to Officers upon the completion an signing of an agreement under section 106 of the Planning Act 1990 (as amended) pertaining to:-

1.    A capital contribution of £6,052.50 (£4,427.50 + £1,625.00) to the Council towards capital infrastructure for health services necessary to serve the development.

2.    On-site delivery of 2no. Affordable Housing Units for affordable rented accommodation.

And, in the event of the s106 not being completed and signed by all parties within 6 months from the date of this Committee, then the application be reported back to the next available Committee meeting following the expiration  ...  view the full minutes text for item 80.

The Chairman introduced the next application of the meeting, planning application 145619, for demolition of existing house and construction of a new self-build replacement two and a half storey dwelling and detached garage with accommodation at first floor level - being variation of condition 3 of planning permission 139843 granted 24 October 2019, amended drawings to alter the carport off the east elevation of the dwelling, at Egmont, 23 Wragby Road, Sudbrooke, Lincoln, LN2 2QU.

The Development Management Team stated that there were no updates, and gave a short presentation on the application.

The Chairman advised there were four registered speakers for the application, and invited the first registered statement, from Councillor Peter Heath, the Chairman of Sudbrooke Parish Council, to be read aloud by the Democratic and Civic Officer. The following statement was read aloud.

“Sudbrooke Parish Council object to this proposal on the grounds of Over-looking and loss of privacy. The application for this building was initially for the demolition of a 2-storey house and the construction of a 3-storey house that ran the width of the plot.  The new construction was repositioned further back on the plot and as a result directly overlooked the neighbouring house, resulting a in a loss of privacy.  Sudbrooke Parish Council objected on these grounds.

Following our objection, the design was changed to lower the right-hand side of the house to a single storey with a pitched roof. Sudbrooke Parish Council felt that this concession reduced the impact on the neighbour and raised no further objections.  The new proposed change to the single storey now creates a 2-storey building with roof windows that will once again overlook the neighbouring house with the resulting loss of privacy.

Since the original planning application was lodged, Sudbrooke has had its Neighbourhood Plan adopted. We believe that this change conflicts with Policy 2, 1 (b) of the Plan.

b) The extensions and alterations are designed so that there shall be no significant reduction in the private amenity of the occupiers of neighbouring properties, through overlooking; overshadowing; loss of light or an overbearing appearance.

For the above reason, Sudbrooke Parish Council object to this proposal.”

The Chairman thanked the Officer for reading the statement, and invited the applicant, Mr Sath Vaddaram, to give his statement.

“Good evening, my name is Sath Vaddaram, I am the applicant and, contrary to statements made by objectors, I live at Egmont in the original property and have been there for 14 years. I am keen to have this matter concluded which allows to complete our new home and the old property removed. This application is for a revised roof form to the car port only, new house has been approved, is substantially constructed, and is not a matter for consideration under this application. Current proposal have been adjusted to take into account comments made on previous submissions for the car port roof and have been recommended for approval by your Officer in his report and confirmed as addressing those concerns and  ...  view the full minutes text for item 81.

The Chairman introduced the next item, application number 145547, for a horse exercise arena, at Glebe Farm Barns, Willingham Road, Fillingham, Gainsborough, DN21 5BL. The Officer informed Members that there were no updates, and gave a short presentation.

The Chairman advised there were no registered speakers, and stated the reason the application was coming before the Committee was due to the applicant being related to a newly employed officer at the Authority. He invited comments from the Committee, and Members were supportive of the application, with one commenting it was a good idea and would do no harm.

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 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 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 Location Plan L- ADD-1330 01, Site layout Plan, drawing no.2, Drainage Plan, drawing no. 3 and proposed fencing details drawing no. 4 all received 21 September 2022. 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.

2. The materials to be used in the development hereby permitted shall match those as stated on the application form and as shown on the surface materials drawing received 18 October 2022.

Reason: To ensure the use of appropriate materials to accord with the National Planning Policy Framework and Policy LP26 of the Central Lincolnshire Local Plan.

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

3. The development hereby approved shall only be used for purposes incidental to the enjoyment of the dwellinghouse at Glebe Farm Barns, Willingham Road, Fillingham, DN21 5BL and not for any business or commercial purposes.

Reason: To ensure any future business use and impacts would be adequately considered through the relevant planning application process in connection with policies LP1, LP55, LP17 and LP26 of the Central Lincolnshire Local Plan.

4. No external lighting must be installed on the site outlined in red on the location plan received 21 September 2022 unless otherwise agreed in writing with the Local Planning Authority.

Reason: To protect the amenities of nearby properties and dark sky of the open countryside location to accord with the National Planning Policy Framework and local policy LP17, LP26 and LP55 of the Central Lincolnshire  ...  view the full minutes text for item 82.

The Chairman introduced the final item of the meeting, application numbers 145640 & 145568, at the Trinity Arts Centre, Trinity Street, Gainsborough, Lincolnshire, DN21 2AL. The applications were as listed below:

145640: Planning application to rebuild section of boundary wall.

145568: Listed Building Consent to rebuild section of boundary wall.

The Development Management Team Manager informed Members that this was a West Lindsey District Council managed property and proposal, which was the reason for why it had to be considered by the Planning Committee. A short presentation was then given.

The Chairman advised that there were no registered speakers, and invited comments from Members of the Committee. There was one comment that refuted an objection to the applications, and emphasised that the Trinity Arts Centre was profitable and a community asset. Members were in unanimous approval of the application.

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

Conditions for planning permission 1456640:

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. The works shall follow the “Preparation”, “Investigation”, “Stabilisation Works”, and “Repair Works” as noted in the plans 7536–LAT–0001 unless otherwise approved in writing by the Local Planning Authority.

Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of the building under LP25 of the Central Lincolnshire Local Plan and the provisions of the National planning policy Framework.

3. Prior to the dismantling or any repair work to the wall, a detailed survey of defective material for the bricks, copings, and mortar shall be submitted and approved in writing by the Local Planning Authority. Works shall be completed in accordance with the findings of the survey.

Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of the building under LP25 of the Central Lincolnshire Local Plan and the provisions of the National planning policy Framework.

4. The rebuilt brickwork shall match the existing brickwork noted through the detailed photographic survey (condition 3) within the “Stabilisation Works” in respect of dimensions, colour, texture, face bond, and pointing unless otherwise approved in writing by the Local Planning Authority.

Reason: To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of the building under LP25 of the Central Lincolnshire Local Plan and the provisions of the National planning policy Framework.

5. Following the partial demolition as shown on drawing 7536–LAT–0001 any new materials to be used for repairs, replacements or as  ...  view the full minutes text for item 83.

The determination of appeals was NOTED.