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 29 November 2023, previously circulated.

A Member of the Committee enquired as to the wording of a sentence relating to flooding and draining issues. The Development Management Team Leader confirmed the wording to be correct.

With no further comments or questions regarding the accuracy of the minutes, it was

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 29 November 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.

The Chairman made a declaration on behalf of all Members of the Planning Committee in relation to two of the night’s applications. Regarding agenda item 6c, Market Place Gainsborough – the applicant was West Lindsey District Council. Regarding agenda item 6e, application number 147527, the applicant was a Member of the Council, and therefore known to all Members of the Committee. Some Members of the Committee may have visited the address and building subject to the planning application, however, Members of the Planning Committee would retain an open mind and would determine both applications in line with their planning committee training.

Councillor D. Dobbie declared a non-pecuniary interest in relation to agenda items 6c (application number 147177 and listed building consent number 147178) and 6d (application number 147202) as he had had prior contact with the applications as a Member of Gainsborough Town Council. He confirmed he would remain a Member of the Planning Committee and view all applications with an open mind.

Councillor S. Hague declared a non-pecuniary interest in relation to agenda item 6a (application number 146645) as he was the Ward Councillor. He also declared a personal interest as he knew the registered objector. Councillor Hague confirmed he would hear the application with an open mind and would remain as a Member of the Planning Committee.

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 were advised that the main update related to the revision of the National Planning Policy Framework, this was published on 19 December 2023 and the following was a summary of the key changes:

·         Authorities that already had an up to date, five year local plan would no longer need to continually demonstrate a five year housing supply, this meant the next assessment would be April 2028.

·         The new National Planning Policy Framework also included a change to the previous entry level for housing exception rates, this was being replaced with an exception site policy for community led housing, called MPH, authorities should support the development of exception sites for community led development on sites that would not be suitable as rural exception sites. Authorities would be expected to take particular care around the need for retirement housing, housing with care and care homes.

·         The new MPH now promoted opportunities to use the airspace above existing residential properties, to quote, “should allow mansard roof extensions in suitable properties, extensions of properties and planning authorities should also allow mansard roof extensions in unsuitable properties where their external appearance harmonises with the existing building”

·         Authorities would be encouraged to use planning conditions to make clear detail of the schemes’ design and materials.

·         The availability of land for food production should also be considered when allocating land for particular developments.

·         The NPPF had been amended to give significant weight to the importance of energy efficiency through the adaptation of existing buildings.

The Government launched a Consultation on 22 December 2023 on the Street Vote Development Order, this was introduced by the Levelling Up Act and would run until 3 February 2024. Officers were currently reviewing this consultation and would prepare a response. This order proposed that within a defined street area, a qualifying group of 10 or more properties could apply for a street vote to permit residential development under a development order, without requiring planning permission, this would have to be approved through a referendum. Members were invited to contact the Development Management Team directly should they wish to contribute to the formal consultation response.

Members were also provided with a summary of the Neighbourhood Plans underway in the district and it was explained that full details were available online. It was also confirmed that a copy of the government review would also be available to Members.

In response to a query regarding accessing elevations relating to individual application, it was noted that these were available to Members and the public via the planning portal on the website. It was enquired whether this information could be included in the Committee papers, this would be discussed further.

The Chairman introduced the first application of the evening, application number 146645, for the removal of existing dwelling and the erection of a 1no. 1.5 storey dwelling and 5no. bungalows at 77 Ryland Road, Welton, Lincoln. The Committee was advised that the development of unallocated sites was not prohibited, the site in question was not allocated green space and with respect to drainage, the site was in Flood Zone 1, with a low probability of flooding. With no updates to the published the report, the Development Management Officer proceeded with a presentation to Committee.

The Chairman stated there were two registered speakers, and invited the first, Mr Matthew Turner, Agent for the Applicant, to address the Committee.

Mr Turner highlighted that the application had been developed through working closely with the Planning Department and was fully compliant with all relevant policies. He stated the proposal would provide high quality dwellings, would be a move to carbon net zero and increase biodiversity in the area. He highlighted the site to be within the existing footprint of the residential area, being surrounded on all sides, and stated this to be preferable to extending into the open countryside. Mr Turner brought attention to the fact that all technical matters had been addressed with no objections raised by statutory consultees. He confirmed that the applicant was happy to meet all proposed conditions. He concluded his statement by highlighting that all requirements were met within the application and requesting Members to accept the Officer recommendation to grant planning permission.

The Chairman thanked Mr Turner and invited the second registered speaker, Mr Andy Bailey, to address the Committee.

Mr Bailey, speaking in objection to the application, thanked the Chairman and Committee and stated his background as a Chartered Environmentalist, with over 20 years experience in the field. He noted he had submitted his concerns regarding flooding in the area. Mr Bailey stated that the proposed development would increase the run off of surface water in surrounding areas and increase the level of surface water flooding. He stated that the applicant had not provided adequate information to show that the area would not flood, nor that surface water flooding would not be increased in surrounding areas. He requested for the application to be refused.

The Chairman thanked Mr Bailey and invited responses from the Officers. The Development Management Team Leader drew attention to proposed condition number seven, which required that a drainage scheme be submitted for the written approval of West Lindsey as planning authority. This should demonstrate adjacent land would not be adversely impacted.

Members of the Committee debated at length the risk of surface water flooding on neighbouring land, and how this could be impacted by the proposed development. It was reiterated that a suitable drainage scheme must be in place for the development to progress, and this was a condition of the recommendation to grant permission. Members of the Committee were sympathetic to the difficulties experienced in the area, whilst recognising there had  ...  view the full minutes text for item 71.

The Chairman introduced the second application for the Committee, application number 147489 to erect 1no. dwelling and garage including demolition of agricultural building following Class Q approval 146756 on land adjacent Wishing Well Barn, Hardwick Lane, Hardwick. The Development Management Officer provided Members with a summary and presentation of the application. The Chairman confirmed there were no registered speakers and so invited comments from the Committee.

A Member of the Committee enquired as to objections received to the application, with the report detailing no objections received but local residents stating they had objected. It was subsequently proposed and seconded that the application be deferred for clarification of objections received.

It was suggested that objections may have been submitted for a previous application. During the course of discussions, the Development Management Team Leader accessed the live planning portal and confirmed that, up to and including that date, no objections to the applications had been received.

The recommendation as written was subsequently proposed and duly seconded. The Legal Adviser confirmed the vote to be taken first on the proposal to defer.

The Chairman took the vote on the first proposal, to defer the application for clarification of objections, and with one vote in favour and seven against, the proposal was LOST.

The Chairman then took the vote on the second proposal, that being the Officer recommendation as written. With a majority vote it was agreed that planning 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. 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: 101A, 102, 103 and 104, received 26th October 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.

3. No development above foundations level shall take place until a scheme of foul sewage and surface water drainage has been submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in strict accordance with the approved details.

Reason: To prevent flooding and protect future residents to accord with the National Planning Policy Framework and Policy S21 of the Central Lincolnshire Local Plan.

4. The development hereby permitted shall be carried out in accordance with the details  ...  view the full minutes text for item 72.

The third report to be considered was regarding planning application number 147177, and listed building consent number 147178, to install a traditional Victorian awning at 5-7 Market Place, Gainsborough. With no updates to the report, Members heard a short presentation on the application. It was confirmed there were no registered speakers and so the Chairman invited comments from Committee Members.

It was confirmed that the application and listed building consent would have been considered under delegation to Officers had West Lindsey District Council not been the applicant. There was widespread support and praise for the aesthetics of the proposal.

Having both been proposed and seconded, the Chairman took the vote separately. It was unanimously agreed that planning permission AND listed building consent be GRANTED subject to the following conditions:

Recommended Conditions- Planning Permission 147177

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 accordance with the following drawings:

·         Site Location Plan received 31/10/2023;

·         Project Specification drawing 02 Rev B received 08/12/2023;

·         Side Elevation and Cross Section Drawing 04 Rev B received 08/12/2023;

·         Proposed Front Elevation Drawing 03 Rev B received 08/12/2023;

·         Product Specifications- Box Details Drawing 05 Rev B received 08/12/2023;

·         Fixing Specification Drawing no. 06 Rev B received 08/12/2023.

The works shall be carried out in accordance with the details and material information 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.

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

None.

Recommended Conditions- Listed Building Consent 147178

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

1.The works to which this consent relates shall be begun before the expiration of three years from the date of this consent.

Reason: To conform with Section 18(1) of the Planning (Listed Buildings and Conservation Areas) 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:

·         Site Location Plan received 31/10/2023;

·         Project Specification drawing 02 Rev B received 08/12/2023;

·         Side Elevation and Cross Section Drawing 04 Rev B received 08/12/2023;

·         Proposed Front Elevation Drawing 03 Rev B received 08/12/2023;

·         Product Specifications-  ...  view the full minutes text for item 73.

The penultimate application was introduced to the Committee as planning application number 147202 to change the use from 1no. shop, 3no. dwelling houses and 1no. flat to 1no. shop, 3no. dwellings and 2no. flats at 80-82 Church Street, Gainsborough. Again, with no updates to the published report, Members received a short presentation. There were no registered speakers and so the Chairman opened the floor for comments.

There was widespread support for the proposal. In response to a question, the Officer clarified that the extant permission did not make for any provision for car parking.

Having been prosed, seconded and voted upon, 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. 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: 002 (Proposed Floor Plans and Elevations) dated 21/11/2023.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.

3.. Where any repair/replacement is required on the pantile roof, the roof tiles to be used shall match the existing pantiles exactly in terms of size, shape and colour unless otherwise approved in writing by the Local Planning Authority.

Reason: To ensure the use of appropriate materials in the interests of visual amenity and the character and appearance of the site and the Gainsborough Conservation Area. To preserve the fabric and appearance of the host listed building and setting of the nearby listed buildings to accord with the National Planning Policy Framework and local policies S53 and S57 of the Central Lincolnshire Local Plan and NPP6, NPP7 and NPP18 of the Gainsborough Neighbourhood Plan and Section 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

4. All new external and internal works and finishes and works of making good to the retained fabric, shall match the existing original work adjacent in respect of methods, detailed execution and finished appearance unless otherwise approved in writing by the Local Planning Authority.

Reason: To safeguard the Grade II Listed Building and to accord with the National Planning Policy Framework.

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

None.

The Chairman introduced the final application of the evening, application number 147527 for replacement of existing raw milk vending unit with a larger structure including an ice cream vending machine and internal seating area at the Raw Milk Vending Machine, Home Farm, Ermine Street, Spital In The Street, Market Rasen. Members received a presentation from Officers and with no speakers on the application, comments were invited from Members.

It was confirmed that, had the applicant not been a Member of the Council, the decision would have been taken under Officer delegation. Having been proposed 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:

None.

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

2. With the exception of the detail matters referred by the conditions of this consent, the development hereby approved shall be carried out in accordance with the following drawings: R0377 - 002 - P0 dated 25/10/2023. The works shall be in accordance with the details shown on the approved plans and in any other 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.

3. The materials used in the development shall match those stated on the application form.

Reason: To ensure the use of appropriate materials 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:

4. The use hereby permitted shall not be open to customers outside the following times: Monday to Friday 8:00 to 21:30, Saturdays 8:00 to 21:30, Sunday and Bank Holidays 8:00 to 21:30.

Reason: In the interests of residential amenity and to accord with the National Planning Policy Framework and Policy S53 of the Central Lincolnshire Local Plan.

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