Agenda item

Minutes:

The Chairman introduced the first application of the meeting, application number 145135, for the change of use of land for the siting of 12no. gypsy/traveller residential caravan and the erection of 2no. amenity buildings, on land rear of Watering Dyke Cottages, Grange De Lings, Lincoln. The application was being reconsidered at Committee following a site visit, as resolved to undertake at the previous meeting of the Planning Committee. The Officer stated that there were no major updates to the application, barring a small amendment to condition 2, which was to formalise the scheme for foul water. The Officer then gave a short presentation on the scheme.

 

The Chairman advised that there were two registered objectors wanting to speak on the application. He invited the first registered speaker, Alex Wright, to address the Committee. The following statement was made.

 

“Following on from our previous statement, we would like to further inform you why we strongly object to this proposal. Firstly, we disagree with the concluding remarks reported stating that this site doesn't impact the living conditions of the settled community, As you know on multiple occasions, we have received threats of criminal damage to the septic tank, personal threats, and verbal abuse. We have had our septic tank attempted to be tapped into for use and had confirmation that access will not be provided to empty it. There has been a significant increase in traffic and noise pollution. Intrusive lighting was installed without the required permission. Our driveway now looks industrialised and unpleasant, their land next to the driveway is unmaintained with masses of weeds and large soil piles dumped there. An excessive amount of unknown people enter our driveway, overlooking our gardens, there is no privacy. These incidents impact our living conditions and will get significantly worse if passed, currently, only a minor proportion of occupants live on site. To put this into context planning permission on this land was previously rejected for two stables due to it being unsuitable, how will this significant development be adequate?

 

We are is concerned about our driveway. Whilst the applicant has now served notice on our access, this was provided after an objection was submitted. Not before the application was submitted as is required by the regulations. Our objection stated we would not approve these works pm the driveway for access, for this use.

 

We are concerned about the number of caravans proposed on such a small site. This will harm our living conditions and amenities. There is a sad loss of agricultural land creating a loss of rural character. The noise pollution and disruption have been significant, regular shouting can be heard from the site; this will only get worse if approved. Vehicle movements, overlooking, verbal abuse and threats are likely to increase too. My family no longer enjoy or feel safe living in this area. Judging by the number of cars/vans/ visitors to the site this could lead to 30-plus vehicles when fully occupied, this will be disastrous considering they're using our driveway, passing our houses within close proximity. Hall Lane, the road used for accessing the shared driveway often gets congested with people who are waiting to turn onto the A15, this will get worse and will impact us exiting our driveway. The occupants will dominate the area 30 plus residents will be significantly larger than the 5 adults living in our 3 adjacent houses.

 

Our septic tank is of concern, we are unsure how we will obtain new needed sewage provisions due to the sheer lack of room and hardstanding. A drainage field is impossible to install, and any new outlet pipe would be extremely difficult too. The current outlet pipe could get damaged due to the works and large vehicle movements. These difficulties could lead to contamination. We are also concerned about the applicant's drainage provisions, where will they have room to install them? The applicant has been seen recently dumping dirty water on the shared driveway, we believe this is needed now as this could have a significant environmental impact. These caravans are being lived for residential purposes so planning policies related to housing should apply. This wouldn't be a suitable site for 12 residential houses so why should this be any different?

 

The area is unreasonable for the development proposed, the applicants couldn't have done much more wrong in my opinion. Developing the site without permission and the actions taken by the applicant have significantly impacted the lives of the local community negatively hence 90% of residents objecting to this proposal in the local area. Multiple relevant objections have been put forward by local residents, the showground and Riseholme Parish Council.”

 

The Chairman thanked the speaker for his statement, and then invited the next registered objector, Peter Metcalfe, to address the Committee, who made the following statement.

 

“In a hamlet of nine houses, twelve caravans will patently dominate the population. With deception and intimidation from the outset, and changing residents, how can this be a community? This unauthorised development has taken away enjoyment of my home. Because the applicant's daily life is lived outdoors, it has a huge impact. In the past couple of weeks there have been unfamiliar vehicles, adding insecurity, as it's impossible to know your neighbours. Retrospective permissions are part of planning, but there is a gulf between not realising permission is needed for an extension to illegally turning a green field into a sterile caravan park. That is the purpose of the 2015 Ministerial Statement into intentional unauthorised development and it should be paramount in your decision. The Planning report says 'not unacceptable harm', 'not unacceptably severe' and 'not unacceptably dominant'. Remove the double negative and you have 'acceptable harm', 'acceptably severe' and 'acceptably dominant'. How is any harm, any severity and any domination acceptable?

 

A stable was refused previously, but this has been recommended for approval. W/beg It is contrary to so many local and national policies it beggars belief that the application wasn't refused earlier. West Lindsey may need to provide Traveller sites, but do it in a strategic way. The allocation for 2019-2024 is already met, so consult with local communities, put the site somewhere where it doesn't dominate the existing settlement. Don't reward this behaviour by approving. Don't fulfil any future need by sacrificing a tiny hamlet now. Greenlighting this disrespectful and illegal approach will set a precedent and be detrimental throughout West Lindsey.”

 

The Chairman thanked the speaker for his statement, and invited a response from the Planning Officer. In his response, the Officer stated that this was an emotive application, and that the right of access was a civil matter and not for the consideration of the Committee. He also explained that the drainage and lighting were to be conditioned and had a time limit to come in. In concluding his response, the Officer highlighted that Lincolnshire County Council Highways had raised no objections on safety grounds.

 

The Chairman invited comments from Members of the Committee. Members raised several points, with some referencing the site visit, the lack of statutory objectors, concerns about a possible appeal if the application was to be refused, the lighting of the site, the septic tank, and the setting of the caravans on the site. There were also remarks about the specific concerns being more relevant for other authorities, such as the police, environmental health, and Lincolnshire County Council Highways, rather than the Authority's Planning department. In a separate query, Members learned of the dwellings around the proposed site, which included the 3 Watering Dyke Cottages and six dwellings north of the cottages.

 

In answers to questions about the septic tank, Members learned that this was not relevant to the planning application and was a concern in civil law, not planning nor planning enforcement. Regarding the conditions and the controls that applied to the application, the Case Officer explained that these would be within three months of the permitted date, with the agreement of the local planning authority.

 

In reply to a query about the application of LP 56 and the allocation of sites, the Officer explained that it was 27 pitches in need and that the current review of the Central Lincolnshire Local Plan was considering these sites. The Officer also clarified that unallocated sites were required to meet the need of traveller communities. Responding to a query about the lighting, Members learned that it could be conditioned further and explained that the lights should be high spec, direct, and not filter out. There was also a reference to street lighting on the adjacent A15 road.

 

During the discussion, several members wished for more explicit language on the site's lighting. This push led to amending Condition 4 to ensure no further lighting was installed on this site without a full planning application being approved.

 

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:

 

NONE

 

Conditions which apply or require matters to be agreed before the development commenced:

 

NONE

 

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

 

1. 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:

 

·       Proposed Site Plan and Pitch Layout received 19th October 2022

·       Smaller Amenity Building Elevation and Floor Plans received 7th July 2022

·       Larger Amenity Building Elevation and Floor Plans received 7th July 2022

·       Post and Rail Fencing Elevation Plan received 7th July 2022

 

The works must be carried out in accordance with the details shown on the approved plans including the materials listed 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, local policy LP17, LP26, LP55 and LP56 of the Central Lincolnshire Local Plan 2012-2036 and S5, S53 and S83 of the Submitted Central Lincolnshire Local Plan Review.

 

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

 

2. Within three months of the date of this permission details of a scheme for the disposal of foul/surface water (including any necessary soakaway/percolation tests and justification for not using a main sewer for foul water) from the site and a plan identifying connectivity and their position must be submitted to and approved in writing by the local planning authority and thereafter implement the approved scheme. The development must be occupied in strict accordance with the approved drainage scheme and retained as such thereafter.

 

Reason: To ensure adequate drainage facilities are provided to serve the site to reduce the risk of flooding and to prevent the pollution of the water environment to accord with the National Planning Policy Framework and local policy LP14 and LP56 of the Central Lincolnshire Local Plan 2012-2036 and S83 of the Submitted Central Lincolnshire Local Plan Review.

 

3. Within 3 months of the date of this permission comprehensive details of a footway (width to be agreed) to connect the development from the west of its vehicular access to the existing footway network to the east of the A15, must be submitted to the Local Planning Authority. The detail submitted must include appropriate arrangements for the management of surface water run-off from the highway. The approved footway and surface water run-off scheme must be installed within 6 months of the date of the formal written approval date of the Local Planning Authority. The footway must be retained thereafter.

 

Reason: To ensure the provision of safe and adequate pedestrian access to the permitted development, without increasing flood risk to the highway and adjacent land and property to accord with the National Planning Policy Framework and local policies LP13, LP55 and LP56 of the Central Lincolnshire Local Plan 2012-2036 and S5, S47 and S83 of the Submitted Central Lincolnshire Local Plan Review.

 

4. Within 3 months of the date of this permission details of all existing external lighting on the site or its boundaries must be submitted to and approved in writing by the Local Planning Authority. No further external lighting must be installed on the site or its boundaries unless it has been submitted to and approved in writing through a full planning application. Details of all existing and further external lighting must include light specification, position, height and a light direction plan. The development must thereafter be occupied in strict accordance with any lighting scheme approved.

 

Reason: To protect the amenities of nearby properties and the rural locality to accord with the National Planning Policy Framework and local policies LP17, LP26, LP55 and LP56 of the Central Lincolnshire Local Plan 2012-2036 and S5, S53 and S83 of the Submitted Central Lincolnshire Local Plan Review.

 

 

Supporting documents: