Agenda item

The Chairman introduced planning application number 142208 for variation of condition 16 of planning permission 138921 granted 29 August 2019 re: completion of roundabout, on land at Foxby Lane Gainsborough Lincolnshire. Members heard from the presenting Officer that in the time since publication of the report, the Agent had been in contact wishing to assure Members that the intention was not to deliver both roundabouts prior to the occupation of the 455^th dwelling and this had been a mistake within the submission. She explained it was only ever the intention to amend the trigger for the Foxby Hill / Lea Road roundabout. The trigger for the Foxby Hill / Lea Road roundabout to be completed was proposed to be: prior to the occupation of the 100^th dwelling, or two years from the date of the permission, whichever was the earliest date.

 

The Chairman thanked the Officer and noted there was one registered speaker, Emma Lancaster, Agent for the Applicant. He welcomed her to the meeting and she made the following statement to Members.

 

“Thank you Chairman and good evening, Members. I'm not proposing to speak for five minutes this evening, because the proposal that's before you is relatively simple. As Rachel's just explained, the proposal is for the amendment of condition 16 of the consent, which was granted some time ago for a mixed use urban extensions of South of the town. Condition 16 requires two roundabouts, one at the junction of Middlefield Lane and Foxby Lane, and another at the junction of Foxby Hill and Lea Road are delivered before any dwellings at the sites are occupied. Through this application, the developers of the first phase of residential development are requesting that the trigger point, the delivery of the roundabout at the junction of Foxby Hill and Lea Road is amended so that some homes can be occupied prior to completion.

 

There are several reasons for this request, namely the scale of the roundabout works and the length of time it would take to deliver them, all the while, it not being possible to occupy any of the much needed new homes at the site. Secondly, a significant upfront cost of the infrastructure works to the developers, and how this can be balanced by the revenue from sales. The application was accompanied by transport evidence which demonstrates that the roundabout in question is not required, until around 455 dwellings are occupied. However, working with your Officers, and in recognition of Ward Members’ and local residents’ concerns about both existing and anticipated traffic from the development, Keepmoat are proposing to amend the condition so that it requires completion of the roundabouts prior to 100 dwellings being occupied or within two years of any permission you may grant today, whichever is the sooner. This means the occupation of 100 dwellings prior to both roundabouts being complete is an absolute worst case scenario. Members will note that the proposed variation is being considered by the council's highways team who  have raised no objection to the proposed staging of the roundabout improvements and agreed with the findings of the transport statement, ie, the second roundabout is not required until much later than the 100th dwelling. On this basis, and on behalf of the applicants, I hope Members feel able to support your Officer's recommendations today. Thank you.”

 

There was no further comment from the Officer and the Chairman invited comments from Committee Members.

 

Councillors J. Rainsforth, M. Devine and M. Boles reiterated their comments against the original variation submitted however stated they found the revised approach a sensible compromise.

 

Having been moved, seconded and voted upon, it was unanimously 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 shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

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

 

2. No development shall take place within any phase until, plans and particulars of the appearance, layout and scale of the buildings to be erected and the landscaping of the site (hereinafter called “the reserved matters”) for that phase of the development 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.

 

3. Application(s) for approval of the reserved matters shall be made to the Local Planning Authority before 5th July 2023.

 

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. Development shall be carried out in chronological order as per the phasing plan 10754 302 dated July 2019 Rev P01. No development shall take place within a phase until a built development phasing plan for that phase has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with each built development phasing plan.

 

Reason: To ensure that the development is a delivered in a structured way in.

 

5. No development shall take place on each phase until a wastewater and foul water strategy for each phase has been submitted to and approved in writing by the Local Planning Authority. The scheme for each phase shall be implemented as approved prior to the occupation of any dwellings.

 

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

 

6. No development shall take place within a phase until a scheme for the provision of affordable housing for that phase of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following –

- Statement justifying tenures proposed linking back to the Strategic Housing Market Assessment and Local Housing Needs Assessment work produced by West Lindsey District Council. The statement should also include how they have liaised with West Lindsey Strategic Housing Team and how this has informed tenure and splits proposed.

- Type of housing, number of bedrooms, sizes of the units and any other features;

- Marked up drawings detailing the plot numbers, housing types and sizes;

- Details of how the units will be secured, nomination agreement, and;

- Full planning viability assessment produced in line with Government guidance in place at the time.

The affordable housing shall be retained in accordance with the scheme.

 

Reason: In order to meet a specific housing need within the district in accordance with policy LP11 of the Central Lincolnshire Local Plan.

 

7. No development shall commence within each phase until a schedule of landscape maintenance for a minimum period of five years from the completion of the development of that phase has been submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation and the development shall be carried out in accordance with the approved details.

 

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 in accordance with LP17 of the Central Lincolnshire Local Plan.

 

8. No development shall take place for each phase, including any works of demolition, until a Construction Method Statement for each phase has been submitted to, and approved in writing by the local planning authority for the relevant phase. The approved statement shall be adhered to throughout the construction period. The statement shall provide:

i. the parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development

iv. the erection and maintenance of security hoarding including decorative displays and

facilities for public viewing, where appropriate

v. wheel washing facilities

vi. measures to control the emission of noise, dust and dirt during construction

vii. a scheme for recycling/disposing of waste resulting from demolition and construction

viii. The means of access and routing for demolition and construction traffic.

 

Reason: In the interests of amenity and in accordance with policy LP13 of the Central Lincolnshire Local Plan.

 

9. No development shall take place on each phase until a surface water drainage strategy incorporating SUDs for each phase has been submitted to and approved in writing by the Local Planning Authority. Each scheme shall include –

- a management and maintenance plan for the lifetime of the development which shall include the arrangement for adoption by any public or statutory undertaker or any other arrangement to secure the operation of the sustainable drainage scheme throughout its lifetime.

The approved drainage scheme for that phase shall be implemented prior to occupation of any dwelling in that phase.

 

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

 

10. No development shall take place for each phase of the development until a scheme to secure the implementation of a programme of archaeological work in accordance with a written scheme of investigation for that phase has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved programme.

 

Reason: In order to ensure that satisfactory arrangements are made for the investigation, retrieval and recording of any possible archaeological remains of the site in accordance with policy LP25 of the Central Lincolnshire Local Plan.

 

11. No development shall take place for each phase of the development until an ecological report including a mitigation strategy for that phase has been submitted to and approved in writing by the Local Planning Authority. The mitigation shall be carried out in accordance with the approved strategy.

 

Reason: To safeguard wildlife in the interests of nature conservation in accordance with policy LP21 of the Central Lincolnshire Local Plan.

 

12. The permitted development shall not be occupied in a phase until a Travel Plan for that phase is submitted to and improved in writing by the Local Planning Authority. Those parts of the approved Travel Plan that are identified therein as being capable of implementation before occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented for as long as any part of the development is occupied and those implemented following occupation shall be retained thereafter.

 

Reason: In order that the permitted development conforms to the requirements of the National Planning Policy Framework, by ensuring that access to the site is sustainable and that there is a reduced dependency on the private car for journeys to and from the development.

 

13. No development shall take place for each phase of development until a management and maintenance plan for any woodland areas for that phase has been submitted to and approved in writing by the Local Planning Authority. Each phase shall be in full accordance with their approved management and maintenance plan.

 

Reason: To ensure the appropriate management and maintenance of the woodlands in accordance with policy LP17 and LP21 of the Central Lincolnshire Local Plan.

 

14. Prior to occupation of a phase, details of cycleways and footpaths/crossings their management and maintenance and timing of delivery to serve that phase shall be submitted to and approved in writing by the Local Planning Authority. The cycleways and footpaths/crossing shall be retained for the lifetime of the development in accordance with their approved management and maintenance.

 

Reason: To encourage the use of alternative forms of transport to the site, other than the private car in accordance with policy LP13 of the Central Lincolnshire Local Plan.

 

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

 

15. Demolition and/or Construction works shall only be carried out between the hours of 07:00 and 19:00 on Mondays to Fridays; and between 08:00 and 13:00 on Saturdays, with no demolition and/or construction works on Sundays and Bank Holidays unless specifically agreed in writing by the local planning authority beforehand.

 

Reason: To ensure appropriate mitigation for the impact on residential amenity caused by the construction phases of the development and to accord with policy LP26 of the Central Lincolnshire Local Plan.

 

16. No dwelling shall be first occupied until the roundabout at Middlefield Lane has been completed. The roundabout at the junction of Foxby Hill and Lea Road shall be completed, prior to the occupation of the 100th dwelling or two years from the date of this permission, whichever is the earlier date. Both roundabouts shall be completed in accordance with the approved TTHC drawings M06052-A-140 Sheets 1 to 3 dated 14^th December 2010 and to a final specification submitted to and agreed in writing by the Local Planning Authority, with the exception of:-

• the roundabout annotated as “I” on drawing M06052-A-140 sheet 2 of 3 which shall be completed before the first occupation of any dwelling other than within phase 1 as annotated on the approved drawing 10754 302 dated July 2019 Rev P01

• the roundabout annotated as “L” on drawing M06052-A-140 sheet 3 of 3 which shall be completed before the first occupation of any dwelling other than within phases 1, 2 and 3 as annotated on the approved drawing 10754 302 dated July 2019 Rev P01.

 

Reason: To ensure the provision of adequate access in the interests of highway safety in accordance with policy LP13 of the Central Lincolnshire Local Plan.