Agenda item

The Chairman introduced the first application of the meeting, application number 143728, to erect 49no. dwellings on the Land North of Hawks Road, Welton. This item had been deferred from the Committee's previous meeting, with a site visit having taken place in the intervening time.

 

The Chairman stated that Members needed to consider their positions regarding their past attendance at the previous meeting and the site visit, as several new Members of the Committee had not been involved in either the previous meeting or the site visit.  The Chairman explained that only those who had attended should consider voting.

 

The Officer gave an update on the application. The Section 106 agreement had been signed and was with the legal officer for completion. Anglian Water had submitted a new consultee response declaring the surface water drainage scheme as acceptable but the Officer did not recommend a condition. The role of the Lead Local Flood Authority had remained unchanged in condition 7. The Officer also noted that the applicant had suggested an amended condition 3 due to flora. The Lincolnshire Wildlife Trust had commented that the flora on the site required a grassland survey, which was reflected in the updated condition. This was in reference to avoidance and mitigation, following comments from the Officer from Lincolnshire Wildlife Trust to have legal constraints in line with the Local Plan.  The condition was sent to the Lincolnshire Wildlife Trust Officer who agreed with the condition.

 

The Officer then presented slides of a newly submitted indicative landscaping plan from the agent regarding condition 11. However, the Officer stated that this had not been considered in detail by himself or the authority’s landscape officer. The Officer then went through additional slides of the types of houses proposed for the site. These included photos of the site, including the path along the eastern boundary.

 

Note:            The meeting was adjourned at 6.46pm owing to a technical issue. The meeting reconvened at 6.53pm

 

The Chairman stated there were two registered speakers on the application and invited the first speaker, Mr Foster, Applicant, to address the Committee.

 

During his statement, Mr Foster summarised the key attributes of the proposed site. He responded to comments and queries made by Members at the previous meeting. The speaker stated that Lincolnshire County Council had given their comments about the highway access and raised no objections to the access. The speaker also gave specific points to pedestrian access, with the existing right of ways being retained. The speaker asserted that Lincolnshire Wildlife Trust had also stated that no protected species were seen on-site and that no wildlife delegation had been made for the site.

 

Note:            Councillor D. Dobbie arrived at 6:56 pm

 

Mr Foster then stated that the Wildlife Trust had given consent to the Neighbourhood and Local Plans for Welton. The speaker also confirmed that a monetary contribution to Welton Surgery would also be made. Members of the Committee heard that Lincolnshire County Council had stated there were sufficient spaces for primary school students, with Community Infrastructure Levy funding provided for secondary school students. 

 

The Chairman thanked Mr Foster and invited the second speaker, Mr Heward, to address the Committee.

 

During his statement, Mr Heward stated that access to the dwellings on the site would be precarious and commented that it would likely cause an accident, though he did not oppose the building of new homes. The speaker highlighted that he had been present at the site visit and stated that the Members observing would have likely noticed the narrowness of Hawks Road, in addition to the potential issue of public access,

 

The speaker stated that the affordable housing section was placed away from the main development on the Hampden Close section, with no link between them. The speaker went on to say that this was not to affect the price of the market properties that were to be accessed through Hawks Road. 

 

Later in his statement, the speaker suggested that they open the access of the dwellings that come off Hampden Close and have that as part of the access route, with access off Hawks Road only for pedestrians, cyclists, and mobility vehicles.

 

The speaker referenced that without adequate footpaths on the new development, there would be a massive concern of safety and that the current plans for access were not fit for purpose. The speaker concluded that the numbers were incorrect regarding the usage and that due to his view of future-proofing, there would be another 100 properties that might access through the same area. 

 

The Chairman thanked Mr Heward for his comments and invited any response from the Officer. It was clarified that they meant 12 dwellings would be accessed on the Hampden Close access during the site visit, not seven. 

 

After the speakers, the Chairman invited comments from the Committee. Many Members who were not present at the Site Visit had visited independently. During this section, the following information was provided. 

 

The site was allocated in 2017, with the current grassland situation happening due to no development since the allocation. Many Members referred to this during their comments on the application. Some Members said that if it was compliant with the Local Plan, there was no reasonable objection on material grounds. Some Members stated that it was suitable ground for the number of properties proposed. Furthermore, many Members commented that Welton had the facilities to provide for this extra development, including surgeries and shops. 

 

Regarding the Highways point, Members raised queries and concerns about access, both for the future residents and for construction. It was noted that no objections had been raised by Lincolnshire County Council Highways. Members acknowledged the issue of parking in the area, with pavement parking being referred in some comments. With regard to the construction phase, and the concern about heavy vehicles for said purpose, Members’ attention was drawn to condition 4, requiring a construction management plan.

 

On the affordable housing aspect, including the suggestion made by the objector, it was highlighted that the Committee was required to give consideration to the application as presented.

 

With the application having been proposed and seconded, on voting it was 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 must 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 may take place until a remedial strategy for the re-use of existing topsoil 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 must be fully implemented. [Outcomes must appropriately reflect end use and when combining another investigative purpose have a dedicated contaminative summary with justifications cross referenced]. The scheme must include all of the following measures unless the LPA dispenses with any such requirement specifically in writing

 

a) A proposed remediation strategy must be submitted to the LPA. The LPA must approve such remedial works as required prior to any remediation commencing on site. The works must 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.

 

b) Approved remediation works must 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 must be fully assessed and an appropriate remediation scheme agreed with the LPA.

 

c) Upon completion of the works, this condition must not be discharged until a closure report has been submitted to and approved by the LPA. The closure report must 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 must 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 as recommended by Environmental Protection and section 9.2 of the Geo- Environmental Assessment dated September 2021 by deltasimons to accordance with Policy LP16 of the Central Lincolnshire Local Plan and the provisions of the National Planning Policy Framework.

 

3. No development must take place until a further grassland survey has been undertaken on the site between the start of May and the end of September.  The results of that survey should inform the preparation of an ecology enhancement and management plan which must be submitted to and approved by the local planning authority prior to the commencement of development. Where a significant quantity of grassland specialist species are identified by the survey, the plan must demonstrate measures to seek to avoid harm through the development; or where that is shown to be impracticable, must demonstrate mitigation measures such as the translocation to new areas of grassland habitat within the site.  The ecology enhancement and management plan must evidence (and quantify) a measurable biodiversity net gain (through an agreed biodiversity metric) and be informed by the recommendations of the Extended Phase 1 Ecology Survey (EPES) by CBE Consulting dated 9th September 2021. The development must be completed in strict accordance with the approved details of the ecology enhancement and management plan and retained and maintained thereafter.

 

Reason:In the interest of nature to accord with the National Planning Policy Framework, local policy LP21 of the Central Lincolnshire Local Plan 2012-2036 and policy EN1 Environmental Capital and EN2 Habitat of the Welton by Lincoln Neighbourhood Plan.

 

4. No development must take place until a construction method statement and plan has been submitted and agreed in writing by the local planning authority. The approved statement(s) must be adhered to throughout the construction period. The statement must provide for:

(i) the routeing and management of traffic including any off site routes for the disposal of excavated material;

(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;

(viii) protection of the public right of way along the east boundary;

(ix) details of noise reduction measures;

(x) a scheme for recycling/disposing of waste;

(xi) the hours during which machinery may be operated, vehicles may enter and leave, and works may be carried out on the site;

(xii) strategy stating how surface water run off on and from the development will be managed during construction and protection measures for any sustainable drainage features. This should include drawing(s) showing how the drainage systems (permanent or temporary) connect to an outfall (temporary or permanent) during construction.

 

Reason: To restrict disruption to the living conditions of the neighbouring dwellings and surrounding area from noise, dust and vibration and to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

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

development:

 

5. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved must be carried out in accordance with the following proposed drawings (unless stated dated July 2021):

 

·       J2102-00106D dated 23rd November 2021 – Site Plan including open Space

·       J2102-00111 – Eltham Elevations, Floor, Roof and Section Plan

·       J2102-00112 – Greenwich Elevations, Floor, Roof and Section Plan

·       J2102-00113A dated 25th August 2021 – Balmoral Elevations, Floor, Roof and Section Plan

·       J2102-00114A dated 25th August 2021 – Osbourne (Handed) Elevations, Floor, Roof and Section Plan

·       J2102-00115A dated 25th August 2021 – Kingsbourne Elevations, Floor, Roof and Section Plan

·       J2102-00116A dated 25th August 2021 – Kingsbourne (Handed) Elevations, Floor, Roof and Section Plan

·       J2102-00117 – Brompton (handed) Elevations, Floor, Roof and Section Plan

·       J2102-00118 – Richmond Elevations, Floor, Roof and Section Plan

·       J2102-00119 – Regent (handed) Elevations, Floor, Roof and Section Plan

·       J2102-00120A dated 25th August 2021 – Gloucester Elevations, Floor, Roof and Section Plan

·       J2102-00121A dated 25th August 2021 – Gloucester (handed) Elevations, Floor, Roof and Section Plan

·       J2102-00132A dated 25th August 2021 – Beaumont Elevations, Floor, Roof and Section Plan

·       J2102-00133A dated 25th August 2021 – Carlton Elevations, Floor, Roof and Section Plan

·       J2102-00134 – Carlton Elevations, Floor, Roof and Section Plan

·       J2102-00135A dated 26th August 2021 – Albany Elevations, Floor, Roof and Section Plan

·       J2102-00141 – Single Garage (Door Left) Elevations, Floor, Roof and Section Plan

·       J2102-00142 – Single Garage (Door Right) Elevations, Floor, Roof and Section Plan

·       J2102-00143 – Double Garage (Door Left) Elevations, Floor, Roof and Section Plan

 

The works must 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 local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

6. No development above ground level must take place until a comprehensive external materials schedule for all dwelling types and garages listed in condition 5 have been submitted to and approved by the Local Planning Authority. The external material details to include:

·       Brick Type

·       Roof Type

·       Windows and Doors including colour finish

·       Rainwater Goods including colour finish

 

The development must be completed in strict accordance with the approved materials schedule.

 

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 and to accord with the National Planning Policy Framework, local policy LP17 and LP26 of the Central Lincolnshire Local Plan 2012-2036 and policy D1 of the Welton by Lincoln Neighbourhood Plan.

 

7. No development above ground level must take place until a detailed surface water drainage scheme for the site, based on sustainable urban drainage principles has been submitted to and approved in writing by the Local Planning Authority. If a full sustainable urban drainage system scheme is incapable of being delivered then comprehensive justification of this must be submitted. The scheme must:

·       be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development;

·       provide flood exceedance routing for storm event greater than 1 in 100 year;

·       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;

·       provide attenuation details and discharge rates which must be restricted to 6 litres per second;

·       provide details of the timetable for and any phasing of implementation for the drainage scheme; andprovide details of how the scheme must 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.

 

No dwelling must be occupied until the approved scheme has been completed or provided on the site in strict accordance with the approved phasing. The approved scheme must be retained and maintained in full, in strict accordance with the approved details.

 

Reason: To ensure that surface water is adequately and appropriately drained on the site and without creating or increasing flood risk to land or property, nor drainage network adjacent to, or downstream of, the permitted development to accord with the National Planning Policy Framework, local policy LP14 of the Central Lincolnshire Local Plan 2012-2036 and policy EN3 of the Welton by Lincoln Neighbourhood Plan.

 

8. No development above ground level must take place until details of a scheme for the disposal of foul sewage have been submitted to and approved in writing by the Local Planning Authority. Development must thereafter proceed in strict accordance with the details and be operational before the first dwelling is occupied.

 

Reason: To ensure adequate foul drainage facilities are provided to serve the development to prevent the pollution of the water environment and to accord with the National Planning Policy Framework, local policy LP14 of the Central Lincolnshire Local Plan 2012-2036.

 

9. No occupation must take place until all of that part of the estate road and associated footways that forms the junction with the main road and will be constructed within the limits of the existing highway, must be laid out and constructed to finished surface levels in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

 

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels to accord with National Planning Policy Framework, local policy LP13 of the Central Lincolnshire Local Plan 2012-2036.

 

10. No occupation must take place until those parts of the approved Travel Plan that are identified therein as being capable of implementation before occupation must be implemented in accordance with the timetable contained therein and must continue to be implemented for as long as any part of the development is occupied.

 

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 to accord with National Planning Policy Framework, local policy LP13 of the Central Lincolnshire Local Plan 2012-2036.

 

11. No occupation must take place until a comprehensive landscaping plan and comprehensive planting/management/aftercare statement has been submitted to and approved in writing by the Local Planning Authority. The landscaping plan to include details of:

·       All hardstanding

·       Retained trees and hedging

·       New hedging and trees including position, species, planting height and planting arrangement.

 

The development must be completed in strict accordance with the approved landscaping and management details.

 

Reason: To ensure the development site is appropriately landscape in its setting to accord with the National Planning Policy Framework, local policies LP17 and LP26 of the Central Lincolnshire Local Plan 2012-2036 and policy D1 of the Welton by Lincoln Neighbourhood Plan.

 

12. The development must be completed in accordance with the M4(2) schedule identified on site plan J2102-00106D dated 23rd November 2021.

 

Reason: To ensure the development meets the requirements for accessibility set out in Part M4(2) of the of the Building Regulations 2010 and to accord with the National Planning Policy Framework and local policies LP10, LP17 and LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

13. No occupation of each individual dwelling must take place until its individual access and driveway identified on site plan site plan J2102-00106D dated 23rd November 2021 has been fully completed and retained for that use thereafter.

 

Reason: To ensure safe access to the site and each dwelling/building in the interests of residential amenity, convenience and safety and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety to accord with the National Planning Policy Framework and local policy LP13 and LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

14. If during the course of development, contamination not previously identified is found to be present on the site, then no further development (unless otherwise agreed in writing with the Local Planning Authority) must be carried out until a method statement detailing how and when the contamination is to be dealt with has been submitted to and approved in writing by the Local Planning Authority. The contamination must then be dealt with in accordance with the approved details.

 

Reason: In order to safeguard human health and the water environment as recommended by Environmental Protection in accordance with Policy LP16 of the Central Lincolnshire Local Plan and the provisions of the National Planning Policy Framework.