Agenda item

Minutes:

Members considered an application for 1no. dwelling, including the upgrade of access, private drive and new associated garage – a redesign of approved plot 2 under application number 135838.

 

The Chairman highlighted to all present that there had been a site visit on 15 January following the decision of the Planning Committee to take this course of action on 8 January.

 

There were no officer updates at the start of this item.

 

The first public speaker to the item was Councillor John Latham, from Glentworth Parish Council.  He raised the following points:

 

·         A full statement from the Parish Council had been included in the report prepared by West Lindsey District Council (WLDC) officers;

·         The Parish accepted that there was an extant planning consent, reflected in the Neighbourhood Plan endorsed some weeks ago;

·         The matters of views and vistas went to the heart of the plan.  The original application was for two dwellings; the house proposed was significantly larger.  The worry was over the scale, mass and dominance in the landscape of the proposed design;

·         The proposed design would stand out and be a significant structure;

·         The access road to the property was narrow; a larger road would mean more vehicles, and would cause a significant access problems;

·         The disposal of sewage and foul water remained a concern.

 

Note:   Councillor Ian Fleetwood reiterated his declaration from the January meeting; he had met the applicant, a Mrs Hazel Walker at a meeting prior to the January planning meeting, but this application had not been discussed.  Therefore Councillor Fleetwood felt able to take part in and vote on this item.

 

The second speaker was Mrs Hazel Walker, the applicant.  She raised the following points:

 

·         This was a revised application;

·         There were no new dwellings proposed, nor were there any other matters to be considered.  Access to the garage was the same as the previously granted application;

·         Sewage would not be discharged into the existing sewer;

·         There had been some confusion about the detached garage to the front of the property; it would be a domestic garage for vehicles.  There would be no workshop, commercial or otherwise;

·         The proposed property was large enough for five bedrooms, however the 5th bedroom would be a home office, ideally located next to the ground floor shower room;

·         The enlarged plot size could accommodate the proposed dwelling comfortably.  The front of the property had sufficient parking and could accommodate the number of vehicles that would be using the property;

·         There was sufficient room for emergency vehicles to access the site, with enough turning space, which was a mandatory requirement under building regulations;

·         Dustbin lorries would not access the lane to the property; the bins would be wheeled to the end of the lane for collection;

·         Immediate neighbours to the property were satisfied with the design, as were WLDC Planning officers.  The previous design included white cladding, whereas this new design was brick and stone;

·         All trees and hedges were to remain as per the previous approval;

·         The revised design included a two storey front element, and a single storey at the back.

 

The next speakers were Mr Hall and Mr Styles, objecting to the application.  They raised the following points in objection;

 

·         No local residents have said that they were happy with the design;

·         The Glentworth NP was approved in November 2019 after three years of work.  Policy 3 of the NP sets out the design elements that residents wanted to see in the village from new properties;

·         Policy 3.1.2 of the NP – the layout of the development should echo the current layout of Glentworth, characterised by linear development.  This development would contravene this; it was an infill building in a rear garden;

·         Nothing could be changed in the access lane to the proposed building without the permission of the owners of the lane.  The owners of the lane were adamant that it would not be excavated;

·         There was a likelihood of Great Crested Newts on the site, although this was not supported by Natural England;

·         Foul water should not be allowed in this habitat, and it should not be acceptable to discharge an overflow into a stream where children play;

·         No one living in the vicinity of the lane agreed that there were no problems with access;

·         If permission were granted, the precedent would be set for plot one on the same side of the lane, which would exacerbate access problems.

 

The final speaker was Councillor Paul Howitt-Cowan, Ward member for Hemswell, which included the parish of Glentworth.  He raised the following points:

 

·         This community treasured its conservation area;

·         The proposed site did not do justice to the design; the design was commendable for the village, but the proposed site was inappropriate;

·         Glentworth parish would protect the highly valued features of the surrounding environment.  The ways in which the overall form, massing and scale related to neighbourhood building impacted on the character and the nature of the village as a whole;

·         The original approved design for this site was more appropriate, and sat more comfortably in a rural setting;

·         Within the Design and Access Statement it was noted that the two proposed buildings on this access lane would change the outlook of the neighbouring residence;

·         The increased ridge height was noted;

·         There was increased massing in comparison to what had previously been approved;

·         Glentworth deserved and welcomed quality builds in appropriate settings;

·         Committee should consider a fall-back option of the original approved design.

 

Note:   Following his speech, Councillor Howitt-Cowan retired from the Chamber.

 

Planning officers responded to some of the points raised during the public speaking section of the item:

 

·         This site had extant planning permission for two dwellings, a fallback that was a significant consideration.  It was for the Committee to consider the house type proposed compared to what was previously approved, and whether this met with policy;

·         The ecologists had raised no concerns with drainage;

·         The officer report set out the profile of the character area, which included a mix of housing styles.

 

Members then provided comment on the application.  There were a range of views offered:

 

·         The design was compliant with the Central Lincolnshire Local Plan (CLLP), specifically policies LP21, 26 and 27;

·         One side of the village contained plenty of traditional, red brick houses;

·         The design of this house would be higher than neighbouring properties and would stand out;

·         For half of the year the trees around the property would not be in leaf and so the natural canopy around the design would not be applicable;

·         This design would not be street facing and so could be seen as out of character with the village;

·         Condition 19 of the officer’s report removed permitted development rights on the site.

 

The recommendation as written in the report to grant the application was moved and seconded, and following the vote planning permission was 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, a scheme for the disposal of the foul and surface water drainage for the site have been submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be implemented in full before the building(s) are first occupied.

Reason: To ensure adequate drainage facilities are provided to serve the development and in accordance with Central Lincolnshire Local Plan Policy LP14.

 

3. No development shall take place until details of all external wall and roofing materials, surface materials to be used have been submitted to and approved in writing by the Local Planning Authority and the development shall only be carried out using the agreed materials.

Reason: To safeguard the character and appearance of the building and its surroundings and ensure the proposal uses materials and components that have a low environmental impact in accordance with Central Lincolnshire Local Plan Policy LP26.

 

4. Before development commences on site further details relating to the vehicular access to the public highway, including materials, specification of works and construction method shall be submitted to the Local Planning Authority for approval. The approved details shall be implemented on site before the development is first brought into use and thereafter retained at all times.

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site.

 

5. No development shall take place until, a scheme of landscaping including details of the size, species and position or density of all trees to be removed, retained or planted, fencing and walling have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that a landscaping scheme to enhance the development is provided in accordance with Central Lincolnshire Local Plan Policy LP17 and LP26.

 

6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building(s) or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure that an approved landscaping scheme is implemented in a speedy and diligent way and that initial plant losses are overcome, in the interests of the visual amenities of the locality and occupiers of adjacent buildings and in accordance with Central Lincolnshire Local Plan Policy LP17 and Policy LP26.

 

7. No development shall commence until, full details of the treatment of all boundaries of the site, including where appropriate, fencing, walling hedgerows to be retained, or other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the dwellings are first occupied.

Reason: To ensure the provision of appropriate boundary treatment in the interest of the visual and residential amenity of the area in accordance with Central Lincolnshire Local Plan Policy LP17 and LP26.

 

8. No development shall take place until a scheme of ecological enhancements including the provision of Bat and Bird boxes within the site, have been submitted to and approved in writing by the Local Planning Authority.

Reason: As recommended under sections 5.2, 5.3 and 5.4 of the ‘Ecology and Protected Species Survey’ by Inspired Ecology Ltd dated November 2019, to protect and enhance the biodiversity value of the site to accord with the National Planning Policy Framework and LP21 of the Central Lincolnshire Local Plan.

 

9. No development shall take place, including ground scraping until a scheme for the protection of trees on the site (including accurate survey of trees and root protection areas and timetable for implementation of measures) have been submitted to and approved in writing by the Local Planning Authority and such measures shall be erected in the positions approved before the development is commenced and thereafter retained until completion of the development. Nothing shall be stored or placed in any area, nor shall the ground levels within those areas be altered, without prior written approval of the Local Planning Authority.

Reason: To safeguard the existing trees on the site during construction works, in the interest of visual amenity in accordance with Central Lincolnshire Local Plan Policy LP17.

 

10. No development shall take place until a written scheme of archaeological investigation has been submitted to and approved in writing by the local planning authority. This scheme shall include the following:

1. An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements).

2. A methodology and timetable of site investigation and recording.

3. Provision for site analysis.

4. Provision for publication and dissemination of analysis and records.

5. Provision for archive deposition.

6. Nomination of a competent person/organisation to undertake the work.

7. The scheme to be in accordance with the Lincolnshire Archaeological Handbook.

Reason: To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation and in accordance with the National Planning Policy Framework.

 

11. The local planning authority shall be notified in writing of the intention to commence the archaeological investigations in accordance with the approved written scheme referred to in condition 10 at least 14 days before the said commencement. No variation shall take place without prior written consent of the local planning authority.

Reason: In order to facilitate the appropriate monitoring arrangements and to ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework.

 

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

12. The archaeological site work shall be undertaken only in full accordance with the written scheme required by condition 10.

Reason: To ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework.

 

13. Following the archaeological site work referred to in condition 10 a written report of the findings of the work shall be submitted to and approved in writing by the local planning authority within 3 months of the said site work being completed.

Reason: To ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework.

 

14. The report referred to in condition 13 and any artefactual evidence recovered from the site shall be deposited within 6 months of the archaeological site work being completed in accordance with a methodology and in a location to be agreed in writing by the local planning authority.

Reason: To ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework.

 

15. The development shall be carried out strictly in accordance with the method statement and mitigation measures recommended within section 5.1 (pages 13-17) of the ‘Ecology and Protected Species Survey’ by Inspired Ecology Ltd dated November 2019.

Reason: To ensure the development proceeds in accordance with the approved method statement in relation to Great Crested Newts to accord with the National Planning Policy Framework and LP21 of the Central Lincolnshire Local Plan.

 

16. 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: 19/179/Ex – 01, 19/179/Pr – 01, 19/179/Pr – 02, 19/179/Pr – 04, 19/179/Pr – 03 Revision A dated August 2019 and RDS 11230/08 dated February 2016. 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 Central Lincolnshire Local Plan Policy LP26.

 

17. The minimum width of the access shall be 4.5 metres for the first 10m and alterations approved under condition 4 to facilitate this shall be completed before the first dwelling is occupied and shall be retained thereafter.

Reason: To ensure safe access to the site and each dwelling/building in the interests of residential amenity, convenience and safety.

 

18. Prior to any of the buildings being occupied the private drive shall be completed in accordance with the details approved under condition 4.

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site.

 

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

19. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) Schedule 2 Part 1, Class A, B, C, D and E (or any order revoking and re-enacting that Order with or without modification), there shall be no external alterations or extensions to the building and extension including the insertion of new windows or dormer windows nor structures placed within the curtilage of the dwelling other than as authorised by this permission.

Reason: To safeguard the character and appearance of the building and its surroundings in accordance with policies LP17, LP26 of the Central Lincolnshire Local Plan.

 

Supporting documents: