Agenda item

Minutes:

The Chairman introduced application number 141033 as an outline planning application to erect 5no. dwellings with access and layout to be considered and not reserved for subsequent applications, on land adj to 15 Abbey Road Bardney. The Principal Development Management Officer stated there were no updates to the report however he had been provided with some photos to be shown on screen during the registered speaker’s statement. The Chairman invited Councillor Robin Darby to address the Committee.

 

Councillor Darby thanked the Committee and stated he was representing the Bardney Group Parish Council. He stated that the first objection was in relation to the public footpath that ran along the eastern boundary of the property. He explained that this footpath was owned by the Parish Council and they had not been consulted regarding the proposals. He stated that if the application was granted, access would be difficult for construction traffic and drew Members’ attention to the photos on screen depicting the access and narrow layout of the road. He highlighted there had been previous complaints regarding access to homes on the road and the proposed development would worsen the situation. He added that there was currently a request lodged with Lincolnshire County Council for there to be double yellow lines along the stretch of road. With regard to the site, he stated there was insufficient parking allocation for all properties, including existing residents, and it was necessary for residents to park on Station Road. He noted that the proposed pedestrian access would remove two parking spaces which would make parking increasingly difficult. He added that there were existing difficulties with residents parking on Abbey Road which affected the visibility of the road for all users. He invited Members to note the incline of the road and the difference between the site and road level. Councillor Darby explained that drainage in the area and for the proposed development was not sufficient and would increase the risk of flooding in an area that was already liable to flood. He also stated that the property adjacent to unit 5 had been a commercial property with an underground fuel storage tank and removal and decontamination of the area would need to be undertaken. Councillor Darby stated that he believed the application would be granted however, the Parish Council requested that the access to Station Road be blocked, the drainage needs be fully addressed, S106 should be levied, there should restrictions on traffic movement in place during the construction phase and the Parish Council should be consulted regarding the public right of way.

 

The Chairman invited any comments from the Principal Development Management Officer who confirmed there were no alterations proposed to the right of way and it did not fall within the application site. He added that no issues had been raised by the Highways Agency with regards to parking and access and additional car parking provision was given on site. It was not possible to restrict the access on Abbey Road, this had also not been deemed necessary by the Highways Agency. In relation to drainage difficulties, Anglian Water had recommended a condition in their original comments but the Lead Local Flood Authority had not noted any issues. There was a condition proposed regarding the removal of the fuel tank and details of acceptable working practice was contained within the construction management plan.

 

The Chairman stated he knew the site well and that it had previously been a farm with vehicles going in and out. It had been disused for many years. He added that the indicative plan showed numerous parking spaces on the site.

 

A Member of the Committee enquired about the specifics of the access points to the site and concerns regarding traffic congestion. It was highlighted that of the two existing access points on Station Road, one would be closed off and that the only comment regarding the access point on Abbey Road had been a minimum width requirement. There had been no issues raised by the Highways Agency regarding visibility on Abbey Road. There had also been parking provision proposed per new dwelling as well as additional parking spaces.

 

The speaker’s comment regarding S106 payment was clarified to be a CIL contribution, for which the new development would be liable, and a proportion of which would go to the Parish Council.

 

Having being moved and seconded, the Chairman took the vote and it was unanimously agreed that conditional permission be GRANTED subject to the following conditions.

 

Conditions requiring reserved matters and stating the time by which the development must be commenced:

 

1. No development shall take place until, plans and particulars of the scale and appearance 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 shall 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.

 

2. Application for approval of the reserved matters shall 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).

 

3. The development to which the permission relates must be begun not later than the expiration of two years from the 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 commences:

 

4. No development shall take place until, suitably qualified contaminated land assessments and associated remedial strategy with none technical summaries, conclusions and recommendations, together with a timetable of works, have been submitted to and approved in writing by the Local Planning Authority (LPA) and the measures approved in that scheme shall be fully implemented. [Outcomes shall appropriately reflect end use and when combining another investigative purpose have a dedicated contaminative summary with justifications cross referenced]. The scheme shall include all of the following measures unless the LPA dispenses with any such requirement specifically in writing

 

a) The contaminated land assessment shall include a desk study to be submitted to the LPA for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the LPA prior to investigations commencing on site.

b)The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology.

c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the LPA. The LPA shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.

d) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the LPA.

e) Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the LPA. The closure report shall include details of the proposed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

 

Reason: In order to safeguard human health and the water environment and identify potential contamination on-site and the potential for off-site migration to accord with the National Planning Policy Framework and policy LP14 and LP16 of the Central Lincolnshire Local Plan 2012-2036.

 

5. No development shall take place until a surface water drainage scheme for the site, based on sustainable urban drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority.

 

The scheme shall:

 

a) Provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site;

b) Provide attenuation details and discharge rates

c) Provide details of the timetable for and any phasing of implementation for the drainage scheme; and

d) Provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

 

The development shall be carried out in accordance with the approved drainage scheme and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.

 

Reason: To ensure that surface water run-off from the development will not adversely affect, by reason of flooding, neighbouring land and property in accordance with policies LP 14 and LP 26 of the Central Lincolnshire Local Plan.

 

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

 

6. With the exception of the detailed matters referred to by the conditions of this approval and the outline planning permission, the development hereby approved shall be carried out in accordance with the following drawings and documents:

 

The Layout and Access shown on drawing no. H3356-3007 Revision A date October 2020; Layout and Access shown on drawing no. H3356-3005 Revision E date March 2020; Highway Drawing H3356 -3006 Revision B date August 2019;

 

Reason: To ensure the development proceeds in accordance with the approved plans in the interests of proper planning.

 

7. Within seven days of the new access being brought into use, the existing access onto Station Road shall be permanently closed in accordance with a scheme to be agreed in writing by the Local Planning Authority.

 

Reason: To reduce to a minimum the number of individual access points to the road, in the interests of road safety in accordance with policy LP13 of the Central Lincolnshire Local Plan.

 

8.Before the access is brought into use all obstructions exceeding 0.6 metres high shall be cleared from the land within the visibility splays illustrated on drawing number H/3356 - 3006 dated August 2019 and thereafter, the visibility splays shall be kept free of obstructions exceeding 0.6 metres in height.

 

Reason: So that drivers intending entering the highway at the access may have sufficient visibility of approaching traffic to judge if it is safe to complete the manoeuvre.

 

9. The minimum width of the access shall be 4.1 metres.

 

Reason: To ensure safe access to the site and each dwelling in the interests of residential amenity, convenience and safety and in accordance with policies LP13 and LP26 of the Central Lincolnshire Local Plan

 

10. No development shall take place, until a Construction Method Statement

has been submitted to, and approved in writing by, the local planning

authority. The approved Statement shall be adhered to throughout the

construction period. The Statement shall provide for:

(i) the routeing and management of construction traffic;

(ii) the parking of vehicles of site operatives and visitors;

(iii) loading and unloading of plant and materials;

(iv) storage of plant and materials used in constructing the development;

(v) the erection and maintenance of security hoarding including

decorative displays and facilities for public viewing, where

appropriate;

(vi) wheel cleaning facilities;

(vii) measures to control the emission of dust and dirt during construction;

(viii) details of noise reduction measures;

(ix) a scheme for recycling/disposing of waste resulting from demolition

and construction works;

(x) the hours during which machinery may be operated, vehicles may

enter and leave, and works may be carried out on the site;

(xi) Measures for tree and hedgerow protection;

 

 

Reason: In the interests of existing residential amenity and in accordance with policy LP26 of the Central Lincolnshire Local Plan.

 

11. The details to be submitted in accordance with condition no. 1 above shall include existing and proposed finished ground levels.

 

Reason: In order to be able to assess the impact of the development on existing dwellings in the interests of amenity in accordance with policy LP 26 of the Central Lincolnshire Local Plan.

 

12. The development hereby approved shall not exceed 5 dwellings.

 

Reason: The application was found to be acceptable on this basis in accordance with policy LP26 of the Central Lincolnshire Local Plan.

 

13. If any works to the buildings and site take place outside the active nesting season from 1st March through to 31st August a search for nests must be carried out before it begins, and active nests should be protected until the young fledge.

 

Reason: To protect biodiversity in accordance with policy LP21 of the Central Lincolnshire Local Plan.

 

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

 

14. No dwelling shall be occupied, unless the approved surface water scheme and foul water drainage connection to the public sewer has been implemented in full.

 

Reason: To ensure satisfactory drainage of the site in accordance with policy LP14 of the Central Lincolnshire Local Plan.

 

15. No dwelling shall be occupied until details of the position and form of 4 integral bat roosts and 2 nest boxes across the site have been submitted to and approved in writing by the local planning authority and the approved details fully implemented.

 

Reason: In the interests of bio diversity enhancement to accord with the requirements of Policy LP21 of the Central Lincolnshire Local Plan. 

 

 

 

Supporting documents: