Agenda and minutes

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

Meeting of the Planning Committee held on 31 January 2024.

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 31 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.

The Chairman made a declaration on behalf of all Members regarding agenda item 6c, planning application number 147511, Whitton Gardens, as the applicant was West Lindsey District Council.

Councillor D. Dobbie declared he would leave the meeting for agenda item 6c, planning application number 147511, Whitton Gardens, as he had publicly voiced his opposition to the proposal. He also stated he would not vote in relation to agenda item 6a, planning application number 146729, West Bank Saxilby, as he had not attended the site visit.

Councillor J. Snee also declared he would not vote in relation to agenda item 6a, planning application number 146729, West Bank Saxilby, as he had not attended the site visit.

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 announced it would be creating a new use class, defined as the use of a dwelling house, not a sole or main residence, for temporary sleeping, accommodation for the purpose of holiday, leisure, recreation, business or other travel, for example, Airbnb. This would bring such dwellings within planning remit.

Additionally, it was explained that the government was also consulting on strengthening planning policy for brownfield development, seeking to amend national policy to make it clear that significant weight should be given to all housing delivery, but especially significant weight on brownfield sites, It proposed that councils should be less bureaucratic and more flexible in applying policies that halt housebuilding on brownfield land, so long as any new housing provided acceptable living standards. It was anticipated that 52 local planning authorities in England's 20 year largest citizen towns would be made to follow a new brownfield presumption. The consultation would run until 26 March 2024.

The government was also running a consultation around making changes to permitted development rights, mainly around household extensions. They were consulting on whether to increase the overall size limits on home extensions which would allow larger rear home extensions and also L-shaped extensions, removing the volume limits for home roof extensions, and the size limit for extensions to commercial buildings to be doubled to up to 100%, or 200m², whichever was the lesser. Additionally, provision of, or limitations on, the location and size of air source heat pumps was being reviewed.

With regard to Neighbourhood Plans, Members were provided with the following update.

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 Planning Officer confirmed there was no update to the published report and presented a summary of the application.

The Chairman thanked the Officer for his presentation and advised the Committee there were four registered speakers. He invited the first speaker, Mr Giles Kirk, applicant, to address the Committee.

Mr Kirk stated that his comments from the previous meeting still stood. He highlighted that the road had been repaired and was due to be resurfaced. He had met with Anglian Water regarding the tanker movements, and highlighted that the vehicles used for his application would be lighter than those used by Anglian Water. He also highlighted that the work was proposed to take place in summer months, meaning the issues with mud and surface water flooding would be less restrictive than in winter months. Mr Kirk explained they had been working on the site for some time, and had not been leaving mud on the roads, nor would they. He stated they took pride in what they were doing and as an additional mitigation, there would be wheel washing facilities on site. He summarised the measures they were putting in place to alleviate concerns, such as additional drainage measures, and highlighted that there had been no objections from the statutory consultees. He thanked the Committee for their time and requested approval based on the key facts of the application.

The Chairman thanked Mr Kirk and invited Mrs Anita Buchanan, the first of the registered objectors, to address the Committee.

Mrs Buchanan reiterated concerns regarding the damage to the road, highlighting it was the only point of access to the homes of residents along West Bank. She explained that there had been no permanent repairs to the road and the only way to avoid bigger issues was to stop the heavy vehicle movements on the road. She highlighted the damage that had been done to the grass verges and the banks, stating that the road and verges would not be able to cope with additional vehicle movements. She accepted she could not argue with the experts, but expressed her own experience, and that of other residents, seeking to prevent further problems on their road.

The Chairman thanked Mrs Buchanan and invited the second registered objector to address the Committee. It was noted that the speaker subsequently withdrew his request to speak. The Chairman invited Councillor J. Brockway, Ward Member, to address the Committee.

Councillor Brockway stated that she wished to correct statements she had made at the previous meeting which had proven to be incorrect. Firstly, She had stated the land had been marsh land, based on ordnance survey maps of old, however, subsequent research had shown there were also maps that did not show it as marsh land, it had not been a permanent  ...  view the full minutes text for item 88.

The Chairman introduced the second application for consideration. Planning application number 147233 to erect 2no. dwellings with garages including installation of a private driveway on land to the rear of 3a, 3b and 5b Church Street, Hemswell. Following the presentation of the application, the Chairman noted there were three registered speaker and invited the first, Councillor Bryan Mander of Hemswell Parish Council, to address the Committee.

Councillor Mander stated that there had been a significant number of objections from residents, based on the Neighbourhood Plan. He stated that Beck Lane was an important local green space and was considered common land with public rights of access. Under the NPPF, CLLP and Neighbourhood Plan, Councillor Mander considered that anticipated growth levels had been met already, and where development could be permitted with community support, he stated that there was no support for the proposals, rather there was significant objection. He stated that the infrastructure was already struggling and the proposal would only exacerbate existing issues, with the adverse impact outweighing any positives of the proposal. Councillor Mander concluded by stating he believed there were material planning considerations that had been overlooked and requested the Committee reject the application.

The Chairman thanked Councillor Mander and invited the next registered speaker, Mrs Michelle Sheppard, to address the Committee.

Mrs Sheppard explained she was a resident and highlighted the village was in a conservation area. She expressed her shock that there was a plan to build in a garden, despite being contrary to the Neighbourhood Plan. Mrs Sheppard also questioned how the development could be considered as sustainable, when there were no amenities in the area to service additional properties, and growth levels had been reached in Hemswell. Additionally, with regard to the requirement for community support, Mrs Sheppard stated that there had been no attempt to gain local support, she considered that the need for local support had been dismissed. As her final comment, Mrs Sheppard requested the Committee to consider the setting of the listed building, the conservation area, and the negative impact the proposal would have on the area.

The Chairman invited the final speaker, Ward Member Councillor P. Howitt-Cowan to address the Committee.

Councillor Howitt-Cowan stated this was a controversial application and requested the Committee to consider a site visit prior to making a decision, in order to better evaluate the application.

The Chairman invited an Officer response, and it was explained that the CLLP no longer contained growth limits, and the area considered in the application fell outside of the conservation area. He also clarified that the Neighbourhood Plan had been superseded by the strategic policies S1 and S4 of the CLLP, which was adopted after the Neighbourhood Plan.

On inviting comments from the Committee, it was enquired as to how the 20 identified conditions would be managed. Officers confirmed that there was no ongoing monitoring of planning conditions, it would be reliant on members of the public to raise any identified issues. However, it was highlighted that  ...  view the full minutes text for item 89.

The Chairman introduced the next application for consideration, planning application number 147511 for change of use from a public convenience block to a Café (Use Class E) with external alterations and creation of a bin storage area, at Whittons Gardens, Caskgate Street, Gainsborough. The Officer explained that since the report had been published, 26 late objections and one letter of support had been received from residents of Gainsborough and surrounding villages, these had been received outside of the statutory consultation period. In summary, the objections stated that the buildings should be brought back into use as toilets, there were too many existing cafes in Gainsborough and that the proposal would affect the trade of those existing cafes. The objections had been published on the website and did not change the recommendation to approve the application.

Following the officer presentation of the application, the Chairman invited the registered speaker, Mr Matt Deakins, Agent for the Applicant, to address the Committee.

Mr Deakins provided some background to the site, highlighting that the public toilets had been closed since 2011 and suggesting that if there had been high demand for them to be re-opened it would have been raised prior to 2024. He also noted that there would be toilet facilities for customers in the new proposals. Mr Deakins noted that should the application be approved, it would bring back into full use a currently vacant building, and be a key aspect of the wider improvement schemes along the riverside and through into the town. The intention was to maintain as much of the originality as possible, using natural tones and hues to match with the surroundings. The Committee was asked to see the application as the improvement work it was, and show their support.

Members of the Committee expressed their agreement with the application, highlighting the current building as a derelict eyesore and welcoming the opportunity to rejuvenate the area. In response to an enquiry regarding the incorporation of energy efficient measures in the proposals, it was confirmed this could be included as a note to the applicant to encourage the use of such measures.

With widespread support, the officer recommendation was proposed and seconded on, and, 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 detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the details and Page 70

materials specifications as shown on the approved plans and any  ...  view the full minutes text for item 90.

The final application of the evening was introduced as planning application number 147708, for proposed two storey extension at The Guardroom, Unit 16 Gibson Road, Hemswell Cliff, Gainsborough. This was a resubmission of 146089. With no update from the Officer, Members had a short presentation of the application and the Chairman invited the first of two registered speakers, Mr Jon Cook, Agent for the Applicant, to address the Committee.

Mr Cook explained they had worked closely with Planning Officers and welcomed the recommendation to approve the application. He explained this would prove a substantial gain for the economy, increasing jobs and attracting visitors, as well as helping to bring investment into the area. The historic importance of the site was recognised, with notices and information boards providing the background and history of the location. He thanked the Committee for the consideration.

The Chairman invited the second speaker, Ward Member Councillor Howitt-Cowan, who stated his wholehearted support for the application and extolled the work undertaken to date to have brought previously derelict buildings into use. He also welcomed the officer recommendation to approve the application.

Members of the Committee expressed their understanding for the resubmission of the application, noting the marked differences to that of the previous application. The Officer recommendation was duly proposed.

A Member of the Committee enquired as to the strength of statements made previously by the Conservation Officer and Archaeology and proposed a site visit in order to ascertain the risk of impact on an historical area.

Further discussions further supported the proposals and in particular the layout of the current application in comparison with the previous plan. The Officer recommendation was duly seconded.

On having no seconder for the proposal for site visit, the proposal fell and the Chairman took the vote for the proposal on the table. With majority vote it was 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. No development shall take place until, suitably qualified contaminated land assessments and associated remedial strategy with none technical summaries, conclusions and recommendations, together with a timetable of works, have been submitted to and approved in writing by the Local Planning Authority and the measures approved in that scheme shall be fully implemented. [Outcomes shall appropriately reflect end use and when combining another investigative purpose have a dedicated contaminative summary with justifications cross referenced]. The scheme shall include all of the following measures unless the LPA dispenses with any such requirement specifically in writing.

a) The contaminated land assessment shall include a desk study to be submitted to the LPA for approval. The desk study shall detail the history of the site uses  ...  view the full minutes text for item 91.

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