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 13 July 2022.

RESOLVED that the minutes of the meeting of the Planning Committee held on Wednesday, 13 July 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.

In relation to agenda item 6a, application number 144201, Councillors C. Hill, M. Boles, J. Rainsforth, P. Morris and J. Summers declared that they were not present at the site visit, and so would not participate in item.

Councillor A. White declared, in relation to agenda item 6d, application numbers 144347/144977, that she would speak as the Local Ward Member, and then leave the Chamber for the remainder of the item.

Councillor P. Morris declared a personal interest, in relation to agenda item 6e, application number 144830, as he had a close relationship to the applicant, and knew him well. He would step down from the Committee for the item, and leave the Chamber.

Councillor P. Morris declared, in relation to agenda item 6f, application number 143527, that he would speak as the Local Ward Member, and then leave the Chamber for the remainder of 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 Leader updated Members of the Committee on national planning policy, and stated that the government informed the Planning Inspectorate to not conclude that local plans are unsound or recommend any withdrawal of the plans before a new prime minister is appointed, or “until the department advises you otherwise”.

The government was proposing to make a number of changes to the Department for Transport's circular 02/2013: Strategic road network and the delivery of sustainable development.

Most of the consultation changes related to policy on National Highways' engagement in plan-making and decision-taking, which responded to the government's commitments in the transport decarbonisation plan as well as planning case law. They have also taken this opportunity to make a number of changes to the requirements for roadside facilities, including amendments on heavy goods vehicles driver services and new provisions for zero emissions vehicles to reflect the stated position made by written ministerial statement about addressing the strategic national need for more lorry parking and the introduction of the rapid charging fund.

The Development Management Team Leader emphasised these points, as it was probable that an application could be submitted for an HGV driver services within the District.

The Chairman introduced the first item of the meeting, application number 144201, for change of use to caravan site with associated infrastructure and landscaping, including formation of new access, on land to the rear of Belmont, Legsby Road, Market Rasen, LN8 3DZ.

The Development Manager Team Leader gave responses to issues previously raised by the July Planning Committee. The Officer stated the biodiversity concerns were covered in the report with three conditions that specifically related to biodiversity. It was referenced that the habitats and wildlife found in the area were fairly common, with the only evidence of unique wildlife being found on the site of the adjacent bungalow. This was explained as not being part of the application nor the consideration of it.

The Officer stated that lighting on the site would be prohibited by condition and comply with the decision by the Local Planning Authority. The Officer also clarified that the caravans could not be considered as permanent dwellings because the nature of use was different to that of a holiday caravan and was properly considered by LP7.

Regarding footpath concerns, this was covered in condition 6 of the application, which required a footpath to be in place before any occupation of the caravans. The Officer concluded by stating that permanent residential accommodation would be prohibited by Condition 5 which restricted use to holiday accommodation, and reminded Members that no highway safety concerns had been raised and Lincolnshire County Council Highways had no objections to the application.

The Chairman stated there were several registered speakers and invited the first speaker, the agent for the application, Nayan Ghandi, to address the Committee. The agent made the following statement.

The speaker endorsed the conditions and the Officer’s conclusions, and that any issues could be controlled. The statement focused on the potential for Market Rasen to become a hub, and addressed some of the concerns raised during the process. Regarding year-round occupancy, the speaker referenced condition 5 that managed it for holiday accommodation. Regarding LP55 concerns, these were irrelevant in the speaker’s viewpoint, and that the scheme complied with LP7.

Regarding the occupancy levels, for each unit, the speaker stated it would be between four to six individuals, with most of the caravans being two bedrooms, and a few being three. The speaker stated that the occupancy would ebb and flow throughout the year, with a predicted 25% occupancy rate during the winter months.

Regarding transportation and traffic concerns, the agent asserted that at peak times, it would not be not more than one vehicle every five minutes, and that vehicles could pass each other on the road. Regarding raised concerns of 150 cars on site, the speaker stated this was not supported in the submitted evidence, and estimated a 75% occupancy rate. The speaker also referenced that the users would more likely walk around the town due to the footpath.

In addressing access concerns, the speakers stated that Members would have seen the location, with this proposed access 40 metres away  ...  view the full minutes text for item 31.

The Chairman introduced the next item of the meeting, application number 144574, to erect 5no. detached dwellings with attached garages on land to the east of Church Road, Upton, Gainsborough.

The case officer provided an update from a resident comment including a response on the hedgehog mitigation measures in the ecology report.  The case officer then requested to the Planning Committee that, subject to their resolution, the application was delegated back to officers for the signing of the S106 legal agreement. A short presentation on the application was then made to Members of the Committee.

The Chairman noted there were three registered speakers. The first speaker’s statement, from Councillor Don Spittlehouse, the Parish Council representative and Chairman of Upton Parish Council, was read aloud by the Democratic and Civic Officer.

“Upton Parish Council has strongly objected to this planning application from when the first application for outline was submitted. Unfortunately, this was passed so we cannot change that decision. We feel that the wishes of the residents that live in that area has not been fully addressed as well as the Parish Councils concerns over building in that area.

Our main concern is the road structure leading to the site as well as the site area itself. The only access to this site is via Church Road or Main Street. Church road splits into two. The first entry being off High Street past the Church. This is a single-track road with no passing places. The road is eroding away on the left-hand side leaving many potholes and ruts. At the end of this road is a drain that constantly becomes blocked after any substantial rain.

We have complained about this, numerous times over the years, but nothing has been done to rectify this. When this area floods it travels all the way down Church Road making it like a river. There is no footpath whatsoever on Church Road. Any vehicles coming either way is a hazard to pedestrians, especially if 2 cars come along at the same time. There is nowhere to get out of the way of oncoming traffic. This is bad enough for pedestrians even worse for anyone with a wheelchair or pushchair.

Main street is an area of historical value dating back to post war when these houses were built for the American Airforce. It is not an ideal route for commercial vehicles to travel to access the site or for the extra traffic that will be generated from 5 dwellings with double garages. Exit points onto High Street from both Church Road and Main Street are blind exits to oncoming traffic.

The applicant has gone for s106 instead of including any affordable housing, which is what our village needs instead of more oversized houses. If this application is granted, we urge the Planning Committee to consider where the s106 monies will be used. This s106 money could be put towards improving the infrastructure of Church Road rather than benefiting another Parish at the detriment to Upton.  ...  view the full minutes text for item 32.

The Chairman introduced the next item on the agenda, application number 144010, for two dwellings at 18 South Drive, Stow, Lincoln. The Development Management Team Leader confirmed there were no updates, and gave a short presentation on the application. The Officer stressed that the application site was within the agreed upon built up area in the newly agreed Neighbourhood Plan, which supported the principle of development in such areas.

The Chairman invited the first registered speaker, the Parish Council representative from Stow Parish Council, Councillor Pam Duncan, to address the Committee. The following statement was made.

“Stow Parish Council objects to the application as it stands. We note the Planning Officer’s report and would like to make the following observations.

1. The Sturton by Stow and Stow Neighbourhood Plan, which was made by WLDC on 4th July, is the product of significant consultation with local residents on their needs and wishes in relation to the provision of any new dwellings in the two villages. That consultation included a survey to every household as well as numerous consultation events. The overwhelming views expressed were for new housing to reflect the needs of local residents and are summarised in Chapter 3 Key Issues. We need a range of low carbon and energy efficient homes in terms of size and affordability to meet the needs of local residents including provision of smaller homes, both as starter homes allowing young people to remain within the area, and for older people downsizing. Policy 1a goes on to say we will support development where: "new homes are of size, type and tenure that meet local housing requirements”.

2. We accept Policy 2 does not set out criteria restricting the size of newdwellings, but Policies 1a and 4 indicate that a range is needed. Policy 4 emphasises the need for more smaller, 1-2-bedroom houses.

3. The Officer’s report refers to: The most recent Housing Needs Assessment for Central Lincolnshire (April 2020): “Households with dependent children are expected to see the strongest growth…” The Officer goes on to say: "The Housing Needs Assessment does therefore consider the evidence implies a need for larger family homes, with households with dependent children seeing the most growth. Whilst the “mix” across the site is limited, only two dwellings are being proposed. Whilst the concerns of the Parish Council are recognised, it is considered therefore that the development would not be in direct conflict with policy 4.

We do not disagree that there may be a need for some larger family homes, but we do disagree that these need to be 6 bedroomed dwellings. The application is for two 3 storey houses of substantial proportions and each having 6 bedrooms (2 bathrooms plus 3 en suites), an office and a gym. We already have a recently completed new development of three 3 storey houses with 5 bedrooms plus an office (or a 6^th bedroom) in Stow. What evidence is there to say there are local families that would  ...  view the full minutes text for item 33.

The Chairman introduced the next item of the meeting, application numbers 144347 and 144977, at Nettleham Library, 1 East Street, Nettleham, Lincoln, LN2 2SL. The applications were as listed below:

144347: Application for a lawful development certificate existing for the installation of planters, benches.

144977: Application for a lawful development certificate proposed for the installation of bike racks.

The Officer explained that these were not planning applications, but were a legal submission in effect to obtain a decision on whether planning approval was required for works that had been carried out and works that were proposed to be carried out. The Chairman explained there was one submitted statement from Andrew and Dominique Blow, objectors, to be read aloud by the Democratic and Civic Officer. The following statement was read aloud.

“The committee needs to know that the picnic benches seating up to 66 people provide the outdoor seating for a seven day a week cafe business operating inside The Hub with a takeaway window for outside customers. From memory the provision of all but one of these benches coincided with the opening of this cafe in June /July last year. Some of them are only a few yards from the homes of residents.

We residents believe that there is a prima facie case that the opening of a seven day a week outdoor cafe area in a conservation area which has led to complaints about privacy, noise and traffic did constitute development. We believe that the Planning Committee should insist on an application for planning permission so that the Parish Council and residents can comment and not condone this backdoor approval of the outdoor cafe element.

It is true that The Hub did meet the residents in February this year and have made a few minor adjustments but substantially they have carried on unchanged since the Covid freedoms for such businesses ended on March 23rd. They do now notify neighbours of things that might affect us but rather than rely on the grace and favour of the applicant we would like to see proper planning consideration in the usual way. It mystifies us that residents of The Green and others in the Conservation area have to seek permission for alterations to their homes yet a cafe can open a seven-day-a-week outdoor facility with up to 66 seats without needing to go through the planning process.”

The Chairman thanked the Democratic and Civic Officer for reading the statement. The Development Management Team Leader then further explained that the application was a simple consideration of whether this required planning permission. The report made the case that it was a factual consideration. The Officer stated that the Planning Officer considered as ‘de minimis’ and did not require any planning permission.

The Local Ward Member for Nettleham, Councillor Angela White, then gave a short statement.

The Member commented that prior to the installation of the benches, there was no communication by the Hub with the neighbours. The Member stated that having been a small  ...  view the full minutes text for item 34.

Note:              Councillor P. Morris left the Chamber at 8.20 pm for this item.

The Chairman introduced application number 144830, seeking removal of condition 21 of planning permission 139273 granted 31 May 2019 re: storage of materials, goods, waste or any other articles (relating to development of 17no. rural enterprise units, consisting mainly of business use along with a retail unit, cafe and office. Demolition of existing buildings), at Hillcrest, Grimsby Road, Caistor, Market Rasen, LN7 6LG. The Officer informed Members of the Committee that there was an update to the report, with an additional objection received from Hillcrest House, which was summarised as urging refusal and enforcement against existing alleged breaches. A short presentation was then given by the Officer on the application, and the current state of the site.

The Chairman invited the first registered speaker, the agent for the applicant, Lawrence Brown, to address the Committee.

The agent stated that he managed properties across the whole of the UK, and wished that every property under his management was as well managed as the applicant’s property. The scheme for the applicant’s site was in receipt of a loan from West Lindsey District Council. The speaker stated the site was fully occupied, and had strong demand for space. Regarding raised issues in the planning process, the agent stated that rats were never seen by anyone associated with the site, and stated that the West Lindsey District Council Environmental Health Officer had also found no evidence of rats.

In relation to noise issues, the speaker stated that the project was a continuous construction site, and it was inevitably going to create some noise and activities that further extended noise and dust. The speaker then moved to applicant’s desires of reducing the visual ugliness of the site, and had made it more difficult to let the premises due to the storage of waste, particularly for potential vehicle repair workshops or tyre exhaust operators.

Regarding the cardboard, this had been collected and was gone. The speaker emphasised the construction that had taken place with the new storage container and on the fencing. The speaker then mentioned that the storage container mentioned in the report had been moved upon the request of West Lindsey District Council.

The speaker referenced conversations with the case officer, where there was apparent agreement that recycling was to be kept in a corner of the yard, once fence construction was completed. This was apparently not visible from the road, and was about 200 feet from the nearest dwelling, with claimed added protection of trees, shrubbery and the boundary wall. The speaker concluded his remarks by requesting a site visit to view the property, and that the site improves the area surrounding it.

The Chairman thanked the speaker for his statement, and invited a supporter of the application, Jon Wright, to address the Committee.

The speaker stated that he was Chairman of Caistor, and a Councillor on the Town Council. He stated that he lived nearby and passed the  ...  view the full minutes text for item 35.

Note:               Councillor P. Morris returned to the Chamber at 8.41 pm.

The Chairman introduced application number 143527, to erect 1no. dwelling including associated access and private garden, on land off Brigg, Road, Moortown, Market Rasen. The Officer stated that there were no updates, and a short presentation on the application was given.

The Chairman noted there was one registered speaker, the Local Ward Member, Councillor Peter Morris, to address the Committee.

The Member initially commented about the past history of the application, with it being referenced on a different road, and having the same land and being in the same place. A history of the site was then given, with the previous owner having had that planning permission refused, and then signed to the previous owner’s now deceased son. The Member stated it was then sold to the current applicant for this application.

The Member commented that there were no existing Tree Preservation Orders, and conversations with the Landscaping Officer were limited. The Member then progressed to discuss that though the applicant was not doing anything wrong, the only resident supporting the application had left the area. The Member commented that this was always a track, and had now become an access. He expressed that his biggest worry was the since the application was on the rear of the garden of Bridge House, it would facilitate future proposals for back in-fill development. The Member concluded his remarks by requesting a site visit so that Members could better understand the application.

The Chairman thanked Councillor Morris for his statement.

Note:               Councillor P. Morris left the Chamber at 8.46 pm for the remainder of the item.

The Chairman invited comments from Members of the Committee. Debate ensued, and Members were generally supportive of the proposed application. Members learnt that there was also garden space to the east of the proposed building.

In response to a query about the trees lining the access track, Members heard there was the requirement for a tree survey for the trees along the access track to be submitted. If trees are found to be Category A or B additional measures to protect the roots also needed to be submitted, any trees found to be Category C would not require extra measures of protection. Members also heard that no further trees were to be removed from the site until a tree report was submitted as required by condition 2.

Having been proposed and seconded, the Chairman took the vote and 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 must 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 trees shall be removed from the site until a full  ...  view the full minutes text for item 36.

The Chairman introduced the final application of the meeting, application number 144955, to erect 3no. bungalows with all matters reserved, on land at Britannia Mill, Upton Road, Kexby, Gainsborough, DN21 5NF. The Officer stated there were no updates to the report, and gave a short presentation on the application.

The Chairman advised there were no registered public participants for the application, and invited comments from Members of the Committee.

Debate ensued, Members drew attention to the situation that led to the development. Some Members expressed approval for the removal of the current building, and that the proposed outline for bungalows was more in keeping with the area. Some Members also stated that they normally would not support building in the open countryside.

A Member did criticise the narrow size of the access road, and referenced a previously refused application nearby that was similarly on boundary of the village. In response to a query on the green wedge, the Officer confirmed that the proposal was in the green wedge, but the application would not affect the attempted prevention of the coalescence between Kexby and Upton, and the application site was a ‘brownfield’ site.

The Officer further stated that there was to be no sprawl and no coalescence. In support of the Officer’s comments, the Development Management Team Leader stated that if it was building on nothing there, he would agree with refusal. The Senior Development Management Officer confirmed in response to a query about the design, that condition 9 specified that the bungalows had to be single storey.

Having been proposed and seconded, the Chairman took the vote and it 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 access to the highway, appearance, layout and scale of the buildings 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 out in accordance with those details.

Reason: The application is in outline only and the Local Planning Authority wishes to ensure that these details which have not yet been submitted are appropriate for the locality.

3. The development hereby permitted must be begun before the expiration of two years from the date of final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

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

Conditions which apply or require matters to be agreed before the development commenced:  ...  view the full minutes text for item 37.

The determination of appeals was NOTED.