The Chairman introduced the first application of the evening, planning application number 142221, outline planning permission for three dwellings including demolition of existing commercial buildings - all matters reserved, on land adjacent to Little London Farm, Little London, North Kelsey, Market Rasen.
With no updates from the Planning Officer, the Chairman invited the registered speaker, Leanne Pogson, Agent for the Applicant, to address the Committee. The Agent made the following statement:
“Thank you and good evening. My name is Leanne Pogson and I'm the agent representing the applicants who are the executors of the estate of Mrs. Audrey Balderson. This application seeks outline permission for three dwellings including demolition of existing commercial buildings and has been recommended for approval by the case officer.
The site is located in a built footprint of North Kelsey and comprises of two frame buildings which are in a poor state of repair, an area of hardstanding is around that building also. There are traditional brick buildings to the west which are the subject of an application for conversion to a dwelling which will be considered by this committee after this application.
Access to the site will be by the existing vehicle access which also serves two residential dwellings to the south of application site. This access leads onto Cemetery Lane. As stated in the officer's report North Kelsey has a growth level of up to 10% and will still support 13 new dwellings before this growth limit is met. The site is within the built footprint of the settlement, is a brownfield site and is therefore within the first category of land to be developed on the land availability sequential test in policy LP4. There are no technical objections to the application, with highways, drainage, ecology and environmental health comments all being considered to be acceptable, subject to appropriate conditions. Any concerns regarding design and amenity can be designed out at reserved matter stage.
Various objections have been received in relation to the application which relates to job losses and employment. I can confirm that following the death of the owner of the site, the sole tenant of the site was given notice to leave. Notice was served on the 19th of August 2020, which confirmed the tenancy would end on the 22nd of February 2021. The notice was served before the planning applications were submitted with the hope that the planning applications would be determined soon after the site became vacant. The tenancy was extended until June 2021, due to the tenant having an operation. The site was vacated at the end of June and still remains vacant. As notice to vacate the site was given an advance of the application being submitted, and the site being vacant, there are no jobs to be lost by the proposal. The officer’s report goes into more details regarding planning history and the businesses which have been advertised on the site.
As outlined in the officer's report, the site would have potential to be used for unrestricted general industrial purposes without the need for further planning application. This has caused potential serious adverse impacts on a residential manatee of neighbouring properties and on Cemetery Lane. A unilateral undertaking has been signed, which would prevent any commercial operations taking place once development commences to ensure that there will not be any mix of residential and industrial development on the site, which prevent any future industrial development unless new permission was granted.
The NPPF states there is a favour in presumption of sustainable development unless material considerations indicate otherwise. A proposed development of three dwellings is considered by the case officer in line with the Central Lincolnshire Local Plan, and the NPPF, to be sustainable. The absence of any concerns and objections by technical consultees, subject to conditions, the confirmation that we know job losses as a result of the development and the presence of a legal agreement would demonstrate that there are no material considerations which would justify refusing the application.
As such on behalf of my client, I respectfully ask Members to follow officer recommendation, local and national planning policy, and grant permission for this proposal. Thank you.”
The Chairman thanked the speaker and with no further comments from the Officer, invited discussion from Members.
A Member of the Committee enquired as to whether there was asbestos sheeting in the existing buildings, to which it was explained that if there was, there was legislation as to how it would need to be dealt with. It was also confirmed that, as a reserved matters application, future applications could be seen by the Committee where necessary. Following a question from a Member, it was confirmed there were no ongoing farm activities.
Having been proposed and seconded, the Chairman took the vote and 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. 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).
2. No development shall take place until, plans and particulars of the access, 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 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. The development hereby permitted shall 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 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 as recommended by the Environment Agency and the Housing and Environmental Enforcement Manager in accordance with the NPPF and Policy LP16 of the Central Lincolnshire Local Plan.
Conditions which apply or are to be observed during the course of the development:
5. No development other than to foundations shall take place until a scheme for the disposal of foul and surface waters (including the results of soakaway/percolation tests) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved scheme and be available for use before the first occupation of the 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. New hardstanding shall be constructed from a porous material or shall be appropriately drained within the site and shall be retained as such thereafter.
Reason: To ensure appropriate drainage to accord with the National Planning Policy Framework and Policy LP14 of the Central Lincolnshire Local Plan.
7. The development shall be carried out in full accordance with the recommendations contained within the Ecological Appraisal (CGC Ecology August 2020) and within the Bat Survey (CGC Ecology October 2020).
Reason: To safeguard wildlife in the interests of nature conservation in accordance with National Planning Policy Framework and 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:
8. Notwithstanding the provisions of Classes A, AA, B, C, D, and E ofSchedule 2 Part 1 and Class A of Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015, or any Order revoking and re-enacting that Order, the building hereby permitted shall not be altered or extended, no new windows shall be inserted, and no buildings or structures shall be erected within the curtilage of the host dwelling, no new hardstanding and gates, walls or fences unless planning permission has first been granted by the Local Planning Authority.
Reason: To enable any such proposals to be assessed in terms of their impact on the living conditions of the host and neighbouring dwellings and the resulting amount of space around the host dwelling and to safeguard the character of its surroundings in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local Plan.