Agenda item

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 the construction of a 1.8 m wide footway link along the southwest side of Barlings lane connecting to the existing footway network with no highway drainage works. The footway will be dedicated to the highways authority and will bring the footpath network to within 100m of the entrance to the site. If the council has any remaining concerns regarding future pedestrian access to the caravan site these will be mitigated by this new footpath.

 

One further point is the officer's report does not give a reasoned justification for imposing a 6 month submission deadline and a 6 month completion deadline for the details required by conditions 4,5 and 6. This very short period is not reasonable and not imposed on the outline housing development.

 

Turning to the third party objections, not upheld by the consultees or officers, the foul water package treatment works recently installed is designed for the maximum number of caravans allowed under the appeal decision and therefore will be more than adequate for the numbers of caravans applied for under this application. It was constructed with building regulations and is in full compliance with industry standards.

 

I thank you for listening and hope you will take the professional advice of your officers in your decision making process and approve this application without condition 8 and the normal time limit on conditions.

 

Statement of objection from Sue and Chris Driffil:

 

My wife and I were very disappointed with the Planning Officers recommendation to approve this application and would like the opportunity to summarise our concerns, in the hope that you will give more consideration to his findings.

 

West Lindsey’s previous management of this site has led to the unfortunate position we now find ourselves in. The Planning Officer has recognised the demands of the site owner with regard to his “threat” to swamp the site with up to 300 tourers and has approved the proposals without amendment. It is my belief that the number of tourers would be self-regulated by demand - the more tourers the less attractive the site becomes. So not much weight should have been attached to it. His approval comes despite the overwhelming concerns of the residents of Barlings Lane and the Parish Council. The size of this development is excessive and will not enhance the community.

 

Heavy reliance is made of the 10 conditions which the Planning Officer naively expects to be adhered to. During the previous application for “A Woodland and 27 Static Vans”, Mr Epton is minuted as saying that, to the then Planning Committee, “ a tree planting scheme was proposed and that there would be no overlooking of neighbouring properties. This scheme was extremely detailed and proposed the planting of 6400 trees- none of which have been planted, save for a single row of laurel hedging!

The irony now is that the Planning Officer accepts that the existing housing bordering the site will provide the necessary screening from Barlings Lane! I am sure the residents of Barlings Lane will be gratified to know that! He also concludes that “there would be some visual impact, but this would not cause significant harm and can be mitigated by landscaping”. He chose not to venture to say “will” for some reason! The proposed statics will be very close to our boundary. We do not have a large garden, so they will be close to our house. The proposed landscaping is very thin at this southerly end of the site. At the northern end, where the houses are twice the distance from the site boundary, the landscaping is much thicker. This could and should have been considered by the Planning Officer and the first row of statics moved further away and the landscaping increased. The visual impact is important, however the noise impact is of more concern to us.

 

Having accepted that, despite the overwhelming evidence that no further planning applications should be considered for this site until all previous conditions have been met, I would like you to consider the 10 Conditions that this Approval relies on.

 

1.    You say that there is not one single condition to be applied before work can commence. I believe that all conditions should be met before work starts on site.

 

2.    There is no clarity as to how the development is to proceed. No restrictions on working hours. Will the new touring site to be utilised to accommodate seasonal and touring vans before work commences on the static site? Will new tourers be located there?

 

3.     Lighting. The previous application for 27 statics, proposed 1200 mm high subdued lighting. This was subsequently changed for more intrusive standard lighting columns. You should know now what lighting is acceptable before any work commences. Will the existing excessive, intrusive floodlighting be recovered as part of this proposal?

 

4.     Landscaping. Your condition that no new caravans will be stationed on the site until a landscaping scheme has been agreed, is not good enough. Given what has happened before, this should be a pre-condition of any development here. The landscaping work should be implemented before any work commences. It is the only way it will be done!

Why is the protection of the landscaping only for a period of 5 years after the completion of the development? Why not for ever? Could it be removed after the 5 years?

 

5.  Ecology. You are going to allow this development to take place before you know what ecological enhancements are planned. Too late by the time the first

caravan is installed!

 

6.   Drainage. You don’t even know whether the site is to be connected to the main sewer or not. Something of major concern to Langworth residents.

The surface water drainage strategy relies solely on the ability of the existing lakes to cope. The plan is to direct all surface water directly and quickly into these lakes. The supposed 300 mm pipe overflow into the Eau will not work when the river is in flood. This will test the actual capacity of the lakes, rather than the theoretical, and it will happen more than once every 100 years!

 

7.   Highways. Don’t wait for the first caravan to be installed, the development could be virtually complete by then. Pedestrians need protection during the construction stage, when they will be at most risk from the hundreds of lorries attending the site!

 

8.  Flood Risk Assessment. The increased floor level height will make the landscaping even more important.

 

9.   Flood Warning. No comment.

 

10.   Holiday Conditions following completion. Why should this condition apply on completion? Surely it applies now, during and after completion!

 

Finally, given the heavy reliance on these poorly worded conditions, could I ask how they will be policed and what penalties exist for non- compliance?

 

Thank you for allowing me to voice my concerns. I hope it allows you to properly consider the Planning Officers recommendation and, if not refuse the application, amend and reinforce the conditions under which it is to proceed.

 

The Chairman thanked the Democratic Services Officer and invited Councillor C. Darcel to address the Committee.

 

Councillor Darcel explained that his representation had been included in the Officer’s report, however, he wished to highlight his objections. He stated that he believed there would be too many caravans which would have a negative impact on the amount of traffic in the area. He believed there should be a pavement included for pedestrians. He stated that his main concern was the risk of flooding in the area, as seen in November 2019. He stated to the Committee that areas of the site were low lying and he questioned the advice given by the Environment Agency and the Witham Drainage Board. Councillor Darcel stated that he believed there was a flood disaster waiting to happen and the issues should be mitigated, for example raising the floor levels of the static caravans.

 

The Chairman requested for Councillor C. Hill to confirm whether she would be participating in the debate as a Committee Member or whether she wished to stand down from Committee and act as Ward Member. Councillor Hill explained that she felt she was pre-determined against the application and as such would stand down from Committee and speak as Ward Member.

 

Councillor C. Hill stated that she believed the application was contrary to LP2 and LP4 as there had been no consultation with local residents. She stated that there was no local support for the application and there would be no benefit to the local community should the application be approved. She stated that in relation to LP14, regarding flood risk, the area was zoned as a high probability for flooding. Councillor Hill added that contrary to LP 9 there was no health and wellbeing provision and contrary to LP26 there was no consideration to the layout of the site. She concluded by reiterating that she did not believe there would be any benefit to the local community or local economy and that the application should not be approved.

 

The Chairman invited the Senior Development Management Officer to provide any additional comment. He stated that the Environment Agency had seen the comments from Councillor C. Darcel and had confirmed in writing that there was no change to their recommendations. There were no objections from the Lead Local Flood Authority and as per the map provided in the papers, West Lindsey District Council had no control over the number of touring caravans that could be placed on the site, following a previous appeal.

 

The Chairman thanked all for their comments and invited comments from Committee Members. The Committee discussed the details of the proposed numbers of static and touring caravans and a Member enquired about the landscaping and lighting proposals. The Officer confirmed that the landscaping detailed on the map was proposed design, not existing, and stated that the new lighting would be subject to restrictions but not the existing lighting. He added it would be for the enforcement team to ensure conditions were adhered to.

 

A Member of Committee enquired about the different timescales detailed within the conditions and what was the purpose of the six month limit. The Officer explained the reasons behind that limitation and the Legal Advisor clarified that the six  month period was for the details to be submitted, not for the enactment of such details. It was also clarified by the Officer that should planning permission be granted, it would be the decision of the applicant as to whether to use the permission or revert to the previous appeal decision of unlimited touring caravans.

 

With this in mind, the Officer recommendation was moved and seconded and put to the vote. With a majority vote it was agreed that planning permission be GRANTED subject to conditions as detailed below.

 

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. Development shall proceed in accordance with the following approved drawings and shall be for a maximum of 79 static and 109 touring caravans:

LDC2599-02B.

 

Reason: For the sake of clarity and in the interests of proper planning and in accordance with the terms of the application.

 

3. No external lighting shall be installed within the application site unless details have first been submitted to and approved in writing by the Local Planning Authority. Lighting shall be installed in accordance with the approved details.

 

Reason: To prevent harm to residential amenity and the character and appearance of the area in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local Plan.

 

4. Within 6 months of the date of this permission, a scheme of landscaping including details of the size, species and position or density of all hedges and trees to be planted and measures for the protection of trees to be retained during the course of development shall have been submitted in writing to the Local Planning Authority. The scheme approved in writing by the Local Planning Authority shall be planted in the first available planting season following their approval. Any trees or hedges 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 a landscaping scheme to enhance the development and that initial plant losses are overcome is provided in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local Plan.

 

5. Within 6 months of the date of this permission, a scheme of ecological enhancements shall be submitted in writing to the Local Planning Authority.

The scheme approved in writing by the Local Planning Authority shall be installed within 6 months of their approval and retained.

 

Reason: To secure ecological enhancements in accordance with Policy LP21 of the Central Lincolnshire Local Plan and the provisions of the NPPF.

 

6. Within 6 months of the date of this permission, a detailed foul water drainage scheme shall be submitted in writing to the Local Planning Authority. The scheme approved in writing by the Local Planning Authority shall be installed for the use of each caravan before it is first used.

 

Reason: To ensure appropriate foul water drainage is secured in accordance with Policy LP14 of the Central Lincolnshire Local Plan.

 

7. Surface water drainage shall be carried out in accordance with the Drainage Strategy Report by ADC Infrastructure dated 07/01/2020 prior to the first use of each caravan.

 

Reason: To ensure appropriate surface water drainage is secured in accordance with Policy LP14 of the Central Lincolnshire Local Plan.

 

8. Within 6 months of the date of this permission, details of a 1.8 metre wide frontage footway (to the southwest side of Barlings Lane), to connect the development to the existing footway network including appropriate arrangements for the management of surface water run-off from the highway, shall have been submitted in writing to the Local Planning Authority. The details approved in writing by the Local Planning Authority shall be constructed within 6 months of their approval.

 

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 in accordance with Policy LP13 and LP26 of the Central Lincolnshire Local Plan.

 

9. The development shall be carried out in accordance with the approved flood risk assessment and the following mitigation measures it details:

·         Finished floor levels for static caravans shall be set no lower than 6.5 metres above Ordnance Datum (AOD)

·         Static caravans shall be secured to the ground

·         These mitigation measures shall be fully implemented prior to occupation

·         The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy LP14 of the Central Lincolnshire Local Plan.

 

10. The development hereby permitted shall operate the flood warning and evacuation plan detailed in paragraphs 5.9 to 5.11 of the Flood Risk Assessment by LDC issue 1 dated 20/05/2019.

 

Reason: To reduce the risk of flooding to future occupants in accordance with Policy LP14 of the Central Lincolnshire Local Plan and the provisions of the NPPF.

 

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

 

11. The development hereby permitted shall be used for holiday accommodation only and shall not be used as a persons sole or main residence.

 

Reason: To ensure the development is not occupied as permanent residential accommodation as this would be contrary to Policies LP2, LP4, LP7 and LP26 of the Central Lincolnshire Local Plan.