Agenda item

Members considered an outline planning application to erect 5no. dwellings – all matters reserved at land adjacent to Fleets Road, Sturton by Stow LN1 2BU.

 

There were no officer updates to the report as printed.

 

The first speaker to this item was Councillor Gilbert from Sturton by Stow Parish Council.  She raised the following points:

 

·         The application was discussed at a meeting of Sturton by Stow Parish Council and was well attended; there was strong community rejection of this application;

·         Policy 2.4.1 paragraph 4 of the CLLP highlights the protection of agricultural land, along with the enhancement of biodiversity to allow people to access wildlife and the natural environment;

·         The site was bounded by hedgerows and trees; two of these have Tree Preservation Orders (TPOs);

·         The site was on a single track road with a blind bend, used by walkers, cyclists.  There was an access road to the recreation ground;

·         The footprint of the village would be extended to the east and open up the possibility for development on the east of site;

·         The proposed site was significantly higher; therefore there could be issues with new properties being able to see into neighbouring properties;

·         Fleets Road was seen by many as a valuable green escape enabling health and wellbeing of the residents.  There was no footpath; there had been a proposal from Lincolnshire Highways for a 1.8 metre wide footway, but this was no longer in the offing;

·         The Sturton by Stow NP had not been formally adopted; however the protection of trees and hedges was very important.  It had been proposed that a large portion of the hedge was to be removed.  However the draft NP stipulated that any development should not harm the character of the countryside;

·         There had been significant flooding issues in the village over a number of years.  This particular piece of land was not accessible for four or five days due to flood water in 2019;

·         A ‘high risk contour’ of flooding reaches within 85 metres of the site, as outlined by government departments.  There was a ‘low-risk contour’ that ran along the road adjacent to the site. 

 

Any development on site would contribute to flooding by removing the rainwater absorption area;

·         LP2.4.5 of the CLLP refers to climate change adaptation and flood risk.  It was paramount that the increased instances of flooding were managed.  Current foul water drainage was inadequate and there was no mention of how this would be managed within the development.  The Parish Council had received many complaints on this issue.

 

Note:   Councillor Ian Fleetwood informed everyone present that the next speaker, Oliver Fytche-Taylor was known to longer-standing Members of the Committee due to his previous employment at West Lindsey District Council; however this had no bearing on the decision made on the application by Committee.

 

The last speaker on this item was Oliver Fytche-Taylor, agent for the applicant.  He raised the following points:

 

·         The site was part of narrow agricultural land, which bound the site on three sides;

·         The site was located within a short walking distance of the village centre;

·         The narrow width of part of the site meant that parcel of land was very difficult for modern farming techniques, and had a limited crop potential;

·         The Planning Officer had accepted the principle of development in this area; the development level proposed was within local housing thresholds;

·         Lincolnshire Highways and the lead local flood authority had no objections in principle to the site;

·         There were issues elsewhere in the village with flooding, but the site itself was not at risk, and did not form part of the disruption in 2019.  The site pre-drains east, away from flood waters.  The development of the site was not seen to be a flood risk;

·         Lincolnshire Highways did not object to the development in principle, and had further recommended that the development would alleviate safety concerns by virtue of the draft condition in the report;

·         A new link would be established for the community to access the playing fields;

·         The significance of the hedgerow and trees on the site was recognised; however it was pointed out that the Trees Officer from WLDC had no concerns.  Of the two trees that had (TPOs) on the site, one was almost deceased and the other would be protected from any harm;

·         The site could be enhanced through appropriate landscaping;

·         Matters of odour, dust and noise had been considered by WLDC’s Environment Officers; no objections had been raised and any of these areas could be appropriately addressed through conditions;

·         The site represented logical expansion for the village, and would have no harm on Sturton by Stow’s character.

 

The Planning Manager (Development Management) responded to some of the points raised, by saying that the land on site was agricultural land classified as Grade 3 (good to moderate).  NPPF paragraph 78 and the NPPF and LP2 of the CLLP were looking for appropriate locations for development, whilst retaining the core shape and form of a medium village.  Planning officers were satisfied and recommended that this development met this test.

 

The development was located in Flood Zone 1 of the government map for planning, and the sequential test which sought to local development in this zone was met.  A positive drainage strategy, to ensure flooding wasn’t increased elsewhere, could be conditioned.

 

Members provided comment on the report:

 

·         The location was appropriate, and was adjoined by existing properties on three sides.  There were no available sites in Sturton by Stow that fitted into a higher tier of the sequential test for development.  The allowance for a ‘medium-sized’ settlement was 9 houses; this provided only 5;

·         Whilst there were concerns about flooding, the narrow access road and the current lack of footpath, these would not be sufficient to reject the application;

·         Sustainable drainage would be looked at for the site primarily; if that wasn’t feasible then alternatives would be considered.

 

Following this discussion, the recommendation in the report were moved and seconded, and the application was GRANTED subject to 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:

4. No development must take place until an assessment of the noise, dust and odour disturbance from the use of the farm on the site and end users has been submitted to and approved in writing by the Local Planning Authority. The assessment must include any necessary mitigation measures. Any mitigation measures required must be installed prior to the occupation of the first dwelling and thereafter maintained.

Reason: To protect the amenity of the future residents from undue noise, dust and odour to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

5. No development must take place until a desktop phase 1 contamination report has been submitted and approved in writing by the Local Planning Authority. All recommendations and remedial measures in the phase 1 contamination report must be completed prior to any works commencing on site.

Reason: In order to safeguard human health and the water environment and identify potential contamination on-site to accord with the National Planning Policy Framework and local policy LP16 and LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

6. No development must take place until, details of the form and position of the protection measures to protect all the protected trees within, on the boundary or adjacent the site have been submitted to and approved in writing by the Local Planning Authority. The approved protection measures must be installed prior to commencement of development (including scraping of ground) and retained in place until the development is completed.

Reason: To safeguard the existing trees within, on the boundary or adjacent the site during construction works, in the interest of visual amenity to accord with the National Planning Policy Framework and local policy LP21 of the Central Lincolnshire Local Plan 2012-2036.

 

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

7. No construction works above ground level must take place until details of a scheme for the disposal of foul/surface water (including any necessary soakaway/percolation tests) from the site and a plan identifying connectivity and their position has been submitted to and approved in writing by the local planning authority. No occupation shall occur until the approved scheme has been carried out.

Reason: To ensure adequate drainage facilities are provided to serve each dwelling, to reduce the risk of flooding and to prevent the pollution of the water environment to accord with the National Planning Policy Framework and local policy LP14 of the Central Lincolnshire Local Plan 2012-2036.

 

8. 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: 868.01 Revision A dated March 2019. 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, LP13, LP17 and LP26 of the Central Lincolnshire Local Plan.

 

9. The development hereby permitted shall not be occupied until details for the provision of a pedestrian footway, have been submitted to, and approved in writing by the Local Planning Authority. The works shall also include appropriate arrangements for the management of surface water run-off from the highway. The footway shall be completed in accordance with the approved details prior to occupation of the dwellings.

Reason: To ensure the provision of safe and adequate pedestrian access to the permitted development, without increasing flood risk to the highway and adjacent land and property.

 

10. The existing hedge along the southern and western perimeter of the site, shall be retained to a minimum height of 1 metre except where partial removal is required for vehicular access.

Reason: In the interest of the visual amenity of the area in accordance with the National Planning Policy Framework and policies 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.