Agenda and draft minutes

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Contact: Ele Snow/James Welbourn  Democratic and Civic Officers

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Items
No. Item

70.

Chairman's Welcome

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Minutes:

The Chairman introduced the first virtual committee meeting of West Lindsey District Council and thanked Members and Officers alike for their efforts during unusual times. He extended a warm welcome to those who may have been viewing the webcast and explained that, as far as possible, the meeting would proceed in the usual manner although there had obviously been slight amendments to the process to ensure clear and concise communication.

71.

Register of Attendance

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Minutes:

The Chairman undertook the register of attendance for Members and each Councillor confirmed their attendance individually.

 

The Democratic Services Officer completed the register of attendance for Officers and, as with Members, each Officer confirmed their attendance individually.

72.

Public Participation Period

Up to 15 minutes are allowed for public participation, with a maximum of 3 minutes per participant. Participants must have registered in advance of the meeting and submitted their comments or questions in writing.

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Minutes:

The Democratic and Civic Officer confirmed there were no public participants registered for this part of the meeting.

73.

To Approve the Minutes of the Previous Meeting pdf icon PDF 336 KB

i)       Meeting of the Planning Committee held on Wednesday, 5 February 2020, previously circulated.

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Minutes:

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 5 February 2020 be confirmed as an accurate record.

74.

Declarations of Interest

Members may make any declarations of interest at this point but may also make them at any time during the course of the meeting.

 

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Minutes:

Councillor I. Fleetwood as Chairman declared on behalf of all Planning Committee Members, that application number 140485 was an application from West Lindsey District Council.

 

Councillor I. Fleetwood declared that he was County Councillor representing the Langworth area. He was also a member of the Environment Agency Northern Flood Defence Committee, a member of the Witham Third Internal Drainage Board covering the same area, and his Environment Agency involvement covered everything south of the Humber. He confirmed that none of those interests would affect his ability to be involved with all agenda items.

 

75.

Update on Government/Local Changes in Planning Policy

 

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/

 

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Minutes:

The Interim Planning Manager (Development Management) introduced a short update to Members explaining that there had been several changes in recent times. He stated that the Government’s Chief Planner (24 March 2020) had announced that It is important that authorities continue to provide the best service possible in these stretching times and prioritise decision-making to ensure the planning system continues to function, especially where this will support the local economy… We ask you to take an innovative approach, using all options available to you to continue your service…We encourage you to be pragmatic and continue, as much as possible, to work proactively with applicants and others, where necessary agreeing extended periods for making decisions.” The Interim Planning Manager added that this was the intention of West Lindsey District Council, as demonstrated by the first virtual meeting.

 

He explained that the Government had released the “Planning for the Future” paper on 12 March, after the budget. This would:

·         Introduce a national brownfield map;

·         Introduce new PD rights to build upwards on existing buildings

·         Introduce new PD rights to demolish vacant commercial, industrial buildings and residential blocks and replace with “well-designed new residential units”

·         Reform planning fees (including automatic rebates where appeals are successful)

https://www.gov.uk/government/publications/planning-for-the-future

 

In specific response to the worldwide pandemic, new regulations came into force on 24 March 2020 allowing restaurants/cafes (A3) and pubs (A5) to change to a hot food takeaway (A5). This was for a temporary period up to 23 March 2021.

 

https://www.gov.uk/government/news/government-to-grant-permission-for-pubs-and-restaurants-to-operate-as-takeaways-as-part-of-coronavirus-response

 

In addition, The Coronavirus Act postponed all neighbourhood planning referendums until 6 May 2021. Planning Practice Guidance had been amended to now give “significant weight” to draft NPs, where a decision statement had been issued to send a NP to referendum.

 

https://www.gov.uk/guidance/neighbourhood-planning--2#covid-19

 

A Member of Committee enquired about the detail within the ‘Planning for the Future’ paper. The Interim Planning Manager explained that there was currently no further detail however Members would of course be updated as and when more information was known.

76.

Planning Applications for Determination pdf icon PDF 143 KB

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Minutes:

RESOLVED that the applications detailed in agenda item 6 be dealt with as follows:

 

77.

140485 - Operational Depot, Caenby Corner pdf icon PDF 727 KB

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Minutes:

The Chairman introduced the first planning application for the evening, application number 140485 to erect a new operational services depot tofacilitate waste services in the region, including an operations office and staff welfare building, external yard for storage and maintanence of the vehicle fleet, bulky storage facility, staff and visitor parking, and site landscaping. He invited the Senior Development Management Officer to provide any updates to the report. On confirming there were no updates, the Chairman invited comments from the Committee Members.

 

There was widespread support for the proposal and recognition for the improved location in comparison with existing depots. There was a question regarding the use of the Caenby Corner site rather than Hemswell Cliff however the Chairman highlighted that the objective was to consider the application as it was presented. There were further questions in relation to the possibility of flooding on the site, however the Senior Development Management Officer highlighted that the relevant authorities were content that the surface water drainage provisions would be satisfactory.

 

Having been proposed and seconded, the Chairman led the voting as described at the start of the meeting and it was AGREED that powers be delegated to officers to grant planning permission subject to conditions following receipt of any outstanding consultation replies and matters arising as well as receipt of and any matters arising from:

 

  • Cross sections of the site showing any land level changes
  • A scheme of archaeological trial trenching

 

If these matters are not resolved within 6 months of the date of this planning committee the application will be reported back to the next available planning committee after the 6 months has expired.

78.

139532 - Barlings Lane, Langworth, Lincoln LN3 5DF pdf icon PDF 3 MB

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Minutes:

The Chairman introduced planning application number 139532 for caravan site for siting of 79no. static caravans and 109no. touring caravans. He invited the Senior Development Management Officer to provide any update to the report. The Senior Development Management Officer stated there had been one further objection received on behalf of residents of San Juan, Barlings Lane, Langworth summarised as follows:

 

·         Increase in traffic would cause chaos on this small country road

·         Cumulative traffic impact from 20 dwellings approved under 139532

·         Road infrastructure, particularly during the summer, was inadequate

 

He added that these comments did not change the recommendation.

 

The Chairman invited the Democratic Services Officer to state details of those who were registered to speak on the application. She explained that the two registered speakers, one of whom was in support of the application and one who was objecting, had both provided their statements to be read out to the Committee. She added that Councillor C. Darcel had also registered to speak as Ward Member and he would be present in the meeting to make his speech. The Chairman requested that the provided speeches be read out.

 

Supporting statement from Mr Ricky Newton, Agent for the Applicant:

 

Ladies and gentlemen, Thank you for allowing me to provide this speech and allowing your officer to read it out to you.

 

We have worked closely with your officers in this protracted application and have come to an almost mutually accepted conclusion. Your officers have worked hard to come to their professional recommendation for approval and we hope you will endorse their opinion that is in line with your own and national policies.

 

The only point we disagree with is condition 8 regarding the footpath along Barlings lane because we consider this condition is unjustified and unnecessary for the following reasons.

 

There is an extant planning permission for an unlimited number of touring caravans granted on appeal in 2014, highlighted in the officer report. There is no existing approval or condition on the site to provide a footpath along Barlings Lane. The occupiers of these up to 495 caravans can come and go from the site on local roads with no planning impediment. The lane is lightly trafficked (as accepted in the traffic assessment for recent approval for 20 homes nearby) and there is no history of vehicle or pedestrian accidents, however for the future when this application is approved there will be a major reduction in allowed vehicle movements particularly those towing caravans. A major benefit to local amenity and highway safety. Taking this into account the requirement for a footpath is unreasonable. These points have not been taken into account by the highways authority who presumably thought these were extra caravans increasing the density and use of the site. This is not true; the facts are it is a major reduction in numbers allowed.

 

The council granted outline planning to erect up to 20 houses on land fronting both sides of Barlings lane as recently as December 2019. This permission requires  ...  view the full minutes text for item 78.

79.

140375 - Land off Queensway, Sturton by Stow

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Minutes:

The Chairman introduced planning application 140375 for the demolition of 20no. garages and the construction of 14no. affordable dwellings. He invited updates to the report from the Senior Development Management Officer who explained that due to changes with the off-site foul and surface water drainage, it was suggested that conditions numbers six and 11 be removed and instead, be submitted through the section 106 agreement. The recommendation remained the same.

 

The Chairman stated there was one registered speaker for the application, who had provided a statement to be read by the Democratic Services Officer and he invited her to read aloud the statement.

 

Statement from Gelders, in support of the application on behalf of the applicant.

 

Ladies and Gentlemen of the Planning Committee. Thank you for the opportunity to submit a written statement in relation to application 140375 on behalf of the applicants. We would just like to re-iterate a few points before you make your decision.

 

Firstly, this application will Improve Existing Offsite Drainage Infrastructure – resulting in a much lesser risk of localised flooding. During the consultation stage of this application and upon studying the case officer’s report, it has become evident that drainage is a concern for some local residents and the Parish Council. This proposed scheme provides storage and attenuation on site, and utilises a Hydro-brake which will severely reduce any outfall of surface water from the site. The Hydro-brake will then (via 450mm diameter drainage pipes) discharge into an existing open watercourse. The proposal then seeks to upgrade an existing 300mm diameter pipe (some 200m away) along Saxilby Road to a new 450mm diameter pipe and installs a new 450mm pipe under the road, thus significantly increasing local drainage capacity. This not only improves drainage on the proposed site but also the drainage offsite providing Betterment to the wider community.

 

Secondly, this application will give younger people as well retirees the opportunity to stay within Sturton by Stow. ACIS has proven local need for housing within Sturton by Stow and they own a number of the existing properties on Queensway.

 

Thirdly, this application will provide benefits to the community in terms of increased footfall into the local facilities and services. The infill site is located within the heart of Sturton by Stow, which already accommodates a number of services such as shops, halls, churches, pub and play areas.

 

We and the applicant feel that this development having been considered against all relevant Local and National Planning Policies and upon its own merit is acceptable. This is a view that is shared by the case officer and is confirmed within his report.

 

Based upon this I urge members to approve this application, to bring long awaited and much needed affordable housing to Sturton by Stow and the district of West Lindsey.

 

Thank you for your time.

 

The Chairman invited comments from Committee Members and there was widespread support for the application. It was noted that there was clear evidence of the need for accommodation  ...  view the full minutes text for item 79.

80.

140513 - Land Off Main Street Osgodby Market Rasen LN8 3PA pdf icon PDF 126 KB

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Minutes:

The Chairman introduced application 140513, an outline planning application to erect 1no. dwelling - all mattersreserved. He invited the Development Management Officer to provide any updates and it was explained that the main update was in relation to the remaining growth allowance for the parish of Osgodby, which was set out within the Osgodby Neighbourhood Plan. In the intervening period between the previously scheduled planning committee at the start of April, which was postponed, and the current meeting, an additional dwelling had been granted in Osgodby. This meant the remaining growth for the parish was currently 0. Had planning committee taken place at the start of April, there would have been adequate remaining growth within the parish to accommodate this proposal. He added that the neighbourhood plan was clear that the growth target of 25 dwellings was not a maximum, and could be exceeded where there was the demonstration of community support. However, community support was required to be demonstrated in the circumstance that there was no remaining growth left, at the point of submission. This was not the case here because, at the time of submitting this application, there was adequate remaining growth in the parish to accommodate this proposal. He stated that, therefore, the application was recommended for approval taking into account the growth target and the circumstances that had occurred since the postponement of the last scheduled committee.

 

The Chairman thanked the Development Management Officer and confirmed there were no speakers registered for the application. He invited comments from Committee Members.

 

There was discussion regarding the linear development pattern of the village and how the proposal would impact on this. The Officer explained the location of the proposed dwelling was the reason the application was before Committee. He added that, in terms of the Neighbourhood Plan, the location was supportable taking into account the location of the ‘darkest areas’ as shown on Policy Diagram 1. Further comments from Committee Members supported the importance of the Neighbourhood Plan whilst also appreciating that current circumstances, in relation to the coronavirus pandemic, had impacted on the previous consideration of the application.

 

As an application for outline planning permission, the Officer recommendation was moved and seconded and on taking the 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. Application for approval of the reserved matters must be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

Reason: To conform with Section 92 (2) of the Town and Country Planning Act 1990 (as amended).

 

2. No development must take place until, plans and particulars of the means of access to the highway, appearance, layout and scale of the building(s) to be erected and the landscaping of the site (hereinafter called “the reserved matters”) have been submitted to and approved in writing by the Local Planning Authority, and the development must be carried  ...  view the full minutes text for item 80.

81.

140569 - 18 Lindholme Scotter pdf icon PDF 134 KB

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Minutes:

The Chairman introduced planning application 140569 for replacement of a dormer bungalow with a two storey house. The Development Management Officer explained there had been two further comments received which raised concerns that the finished building would be directly overlooking neighbouring properties. She explained the reason behind the application being the recent flooding in Scotter and that the raised height of the building would allow for better protection in case of future flooding.

 

The Chairman stated there were two registered speakers on the application and invited the first speaker, Mrs Laura Calvert, Applicant, to address the Committee.

 

Thank you, Chairman, for the opportunity to address the Committee.

 

Last November our property suffered almost 1 metre floodwater, after already flooding badly 12 days prior. The third severe flood event, that we are aware of, in 12 years.

 

Therefore this application is born out of necessity to protect from future flood events. It would be retracted immediately should others be able to assure us that future flood events are preventable. Sadly flooding is a likely occurrence and this has been reiterated by the EA on many occasions, worsened by the low lying position of our home.

 

After much deliberating on design, projected build costings and rational planning we have concluded that our proposal is the only way to deal with the problem we face but to make it viable we need to enhance the original design by extending the footprint in such a way that it dovetails with the existing layout and is oriented to suit the plot and it’s features.

 

As we understand it, this application has failed because of our reluctance to remove the very extension that will enable this proposal to be viable.

 

We would like to challenge the planning teams statement that we have had the ‘opportunity to address concerns raised but have failed to do so due to our own private interests’. If this is implying financial gain to us, that is far from correct, we may break even if this application is successful, at the very best. The only ‘private interest’ we have is the safety and assurance for our three boys under the age of 7 years old who are still showing signs of distress following the flood, of which government guidance states should be considered in planning decisions. The planning team are failing to understand that the removal of the extension would be the end of the road for us. We are not a developer seeking to make profit, we are a young family who want to protect their home from flooding. We are not being unreasonable, purely realistic. Nobody can spend significant amounts of money to result in negative equity.

 

The reality is the proposed design lends itself to minimise costs by using as much of the existing footprint as possible, and the extension and extra bedroom recoups some of these substantial costs. An extension and extra bedroom has always been an option for our growing family.

 

In a bid to accommodate all  ...  view the full minutes text for item 81.

82.

140540 - High Street, Scotter pdf icon PDF 275 KB

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Minutes:

The Chairman introduced the final planning application for the evening, application number 140540 for the removal of existing garage and erection of two storey side extension. The Interim Planning Manager (Development Management) confirmed there were no updates to the report and the Democratic Services Officer confirmed there were no speakers registered for the application.

 

The Chairman enquired of the Planning Manager whether the application would have been determined under delegations if the applicant had not been an Officer of the council and this was confirmed to be the case.

 

In light of this, the Officer recommendation was moved and seconded and it was unanimously agreed that planning permission be GRANTED subject to the following conditions:

 

Conditions which apply or require matters to be agreed before the development 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 drawings 215-100 01, 215-200 01 and 215-002 02 dated Oct 19. The works shall be carried out in accordance with the details shown on the approved plan 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 local policies LP1, LP17 and LP26 of the Central Lincolnshire Local Plan.

 

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

 

None

83.

Determination of Appeals pdf icon PDF 301 KB

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Minutes:

The Chairman invited Councillor G. McNeill to the meeting to comment on two appeal decisions relating to the Nettleham Ward. Councillor McNeill noted that there had been made reference of a lack of co-operation with both appeal applications and suggested it may be something the Governance and Audit Committee could look into further. In addition, Councillor McNeill commented that it was pleasing to see the green wedge being upheld.

 

The Chairman thanked Councillor McNeill for his comments and the appeal decisions were noted.