Agenda item

The Chairman introduced the first item of the meeting, application number 142874, for an Outline planning application to erect up to 144no. dwellings – access to be considered and not reserved for subsequent applications, on land to the north of Rudgard Avenue, Cherry Willingham.

 

The case officer stated that there were no updates, beyond a site visit having taken place preceding this committee meeting. A short presentation was then made.

 

Note:               Councillor I. Fleetwood declared that he was a Parish Councillor for Cherry Willingham Parish Council. He had not discussed the application, and would remain in the Chair for the item.

 

The Chairman noted that there was one registered speaker, the Parish Council representative from Cherry Willingham Parish Council, Councillor Dr Ian Lacy, to address the Committee. The following remarks were made.

 

“Cherry Willingham Parish Council does not oppose the application in principle. Indeed, we are happy for the village to continue to play its part in meeting the housing requirements of the Local Plan. The council regrets the early confusion about the size of the site which resulted from a typographical error in the 2017 Local Plan and acknowledges that this resulted in the initial miscalculation of the proposed housing density both for this site and of the 2 sites to the south which will eventually link to it.

 

However, despite clarifications and reassurances from the developer, the parish council continues to believe that 144 dwellings on this site are excessive. They would be at greater density (27.85 dwellings per hectare) than that shown in the Revised Local Plan for the two sites to the south, with an average 22.48 dwellings/ha in the current local plan.

 

We also consider that the single entrance at one end of this site, onto a bend on an existing estate road (Rudgard Avenue) is likely to lead to congestion both for the development itself and for the existing properties adjacent to the junction, which is also used by large vehicles delivering to the rear of shops to the west of the site.

 

The master plan for all 3 sites does show 2 further access points via site B to site C and then another existing estate road but it is hard see how these will much alleviate the potential congestion issue and consider this runs contrary to the implications of our Neighbourhood Plan Policy H1 e) "the scheme provides easy access and movement within the development and avoids making unnecessary barriers to movement between development areas". We know of no time scale for the development of these other sites.

 

We also remain concerned that on street parking may pose a problem and that the access for emergency vehicles appears very tight although we appreciate that so far, we only have a proposed layout.

 

We would also want to see (either at this outline stage or at the detailed application stage) a strong and binding commitment by the developer and WLDC to our Neighbourhood Plan Policy H2 1) to "deliver housing of a size, type and tenure appropriate to the site and locality" including affordable housing.

 

We also note that the submitted Revised Local Plan site gives a maximum of 97 dwellings for the site. The Parish Council believes that this number would considerably reduce congestion. The Council is also concerned that allowing the number of dwellings to exceed that stated in the Local Plan could set a precedent for the Local Plan being overridden in future developments in the village and elsewhere.

 

The Parish Council would therefore wish to see: Outline planning permission being given for up to 97 houses, not the 144 stated in the Application. Appropriate conditions being set for on street parking and emergency vehicle access. And assurance that there will be an appropriate mix of dwelling types including affordable housing. Thank you.”

 

The Chairman thanked the speaker for his statement, and invited the Development Management Team Leader to respond. The Officer informed Members that the plan was indicative, and was already an allocated site. She confirmed that Lincolnshire County Council Highways had approved the site's capacity, and that the improved access was acceptable. It was also commented that the parking strategy was for reserved matters, and met the guidance necessary. The Officer clarified further that the type of housing was a reserved matter, with affordable housing to be secured in the Section 106 agreement, and the subsequent full application process.

 

The Chairman invited comments from Members of the Committee after presenting a summary of what the site visit entailed. Debate ensued, and Members expressed concern over the accessibility, potential traffic issues, and footpath concerns. A Member also referenced similar case studies in nearby villages where outline applications were successful on appeal.

 

In response to a query on a limit of the number of dwellings, the Officer cautioned Members not to condition less than the proposed number, as the application's provisions only allowed up to 144, and the full application could only match that figure or be less than the 144 figure. Members expressed that fewer dwellings would be recommended.

 

Having been proposed and seconded, the Chairman took the vote and it was 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 appearance, layout and scale of the development 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. Reserved matters application shall include details of a suitable trespass proof fence adjacent to Network Rail’s boundary (approx. 1.8m high) and provide details provision for its future renewal and maintenance.

 

Reason: The safety, operational needs and integrity of the railway.

 

5. In order to demonstrate the correct amount of parking, reserved matters application shall include a parking strategy, to be agreed in writing by the Local Planning Authority, detailing all parking spaces to be provided on site and how this satisfies current Local and Neighbourhood Policy.

 

Reason: To ensure adequate parking provision is provided in the interests of amenity and highway safety.

 

6. In order to demonstrate a sufficient housing mix, reserved matters application shall include a plan of housing types to be agreed in writing by the Local Planning Authority.

 

Reason: In order to help support the creation of mixed, balanced and inclusive communities in accordance with policy LP9.

 

7. No development shall take place until a surface water drainage scheme for the site based on sustainable urban drainage principle and an assessment of the hydrological and hydrogeological context of the development has 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 which shall be agreed with the Internal Drainage Board;

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

 

8. No development shall take place until a Construction Management Plan and Method Statement has been submitted to and approved in writing by the Local Planning Authority which shall indicate measures to mitigate against traffic generation and drainage of the site during the construction stage of the proposed development. The Construction Management Plan and Method Statement shall include;

- phasing of the development to include access construction;

- the parking of vehicles of site operatives and visitors;

- loading and unloading of plant and materials;

- storage of plant and materials used in constructing the development;

- wheel washing facilities;

- the routes of construction traffic to and from the site including any off site routes for the disposal of excavated material and;

- 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.

The Construction Management Plan and Method Statement shall be strictly adhered to throughout the construction period.

 

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development during construction and to ensure that suitable traffic routes are agreed.

 

9. Development shall not commence until a construction methodology has been submitted to and approved in writing by the Local Authority. The construction methodology shall demonstrate consultation with the Asset Protection Project 2 Manager at Network Rail. The development shall thereafter be carried out in accordance with the approved construction methodology unless otherwise agreed in writing by the Local Planning Authority

 

Reason: The safety, operational needs and integrity of the railway.

 

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

 

10. The permitted development shall be undertaken in accordance with a surface water drainage scheme which shall first have been approved in writing by the Local Planning Authority. The scheme shall:

• 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 shall be restricted to greenfield rates;

• provide details of the timetable for and any phasing of implementation for the drainage scheme; and

• 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.

 

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 the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, or upstream of, the permitted development.

 

11. Before any dwelling is occupied, all of that part of the estate road and associated footways that forms the junction with the main road and which will be constructed within the limits of the existing highway, shall 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.

 

12. Construction works shall only be carried out between the hours of 08:00 and 18:00 on Mondays to Fridays; 09:00 and 13:30 Saturdays, and no time on Sundays and Bank Holidays unless specifically agreed in writing by the Local Planning Authority beforehand.

 

Reason: To protect the amenity of the occupants of nearby dwellings in accordance with LP26 of the Central Lincolnshire Local Plan.

 

13. The development shall be carried out in accordance with the mitigation measures contained within the Noise Assessment by Spectrum Acoustic Consultants dated 27.04.2020.

 

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

 

14. The development shall be carried out in strict accordance with the mitigation measures within the Ecology Report 2020/09/597 by Tim Smith.

 

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

 

15. No part of the development hereby permitted shall be occupied before the works to improve the public highway by means of an upgraded crossing point in the form of tactile paving on Rudgard Avenue, outside No. 1 and 102, has been certified complete by the Local Planning Authority.

 

Reason: To ensure the provision of safe and adequate means of access to the permitted development.

 

16. The permitted development shall not be occupied until 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.

 

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.

 

17. Detail of any external lighting shall be submitted to and approved in writing by the Local Planning Authority to be approved in conjunction with Network Rail.

 

Reason: The safety, operational needs and integrity of the railway.

 

18. Prior to occupation of any dwelling, details of the proposed management and maintenance of the open space and landscaped areas shall be submitted to and approved in writing by the Local Planning Authority. Management and maintenance shall be in accordance with these approved details.

 

Reason: In the interest of the amenity of the locality in accordance with policies LP17 and LP26 of the Central Lincolnshire Local Plan and policy OS1 of the Cherry Willingham Neighbourhood Plan.

 

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

 

None

 

Note:               Councillor D. Cotton requested that his abstention on the above vote be recorded in the minutes.