Agenda item

The Chairman introduced the next application of the meeting, application number 145314, for the construction of 22no. apartments and 11no. bungalows; including associated gardens, vehicle access and parking, on land south of The Ridings, Market Rasen, Lincolnshire, LN8 3EE.

 

The Development Management Team Leader gave the Committee several updates. The first was an update following communication received from Lincolnshire County Council. It was noted that although Section 38 and Section 104 technical approvals had been granted, the developer had apparently made subsequent arrangements with Anglian Water to change the surface water drainage disposal strategy to discharge into the existing main sewer, rather than to provide a sewer that would fall into the watercourse on Legsby Road. The Officer suggested an additional condition

that would not allow development until a drainage strategy had been submitted and approved in writing by the Local Planning Authority. This would allow determination of the current application as a funding deadline was in for affordable housing and a deferral might affect funding. The additional condition was as follows:

 

“No development shall take place until details of the proposed surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority”

 

Reason: To ensure a satisfactory scheme of drainage is provided in accordance with policy LP14 of the Central Lincolnshire Local Plan

 

The Officer then commented that the report should have also included an objection from an adjacent dwelling. In summarising the statement, it was referenced that the objector claimed the application was contrary to the Central Lincolnshire Local Plan, the upcoming revised local plan, and expressed concerns over the heavy rainfall and flooding on the site in recent memory. The Officer noted the attenuation pond which was in place stopped some residents from being flooded. The Officer also explained that the concern about the highway access was moot, as the access had already been approved and there was no proposed change. Finally, responding to a concern about the potential noise and disturbance concerning LP 26, Members heard there was a condition that required a Construction Management and Method statement to be submitted for the development. The Officer then gave a short presentation on the application.

 

The Chairman advised there were four registered speakers, and invited the Democratic and Civic Officer to read out the first statement, from Stuart Liles, the agent for the application. The following statement was read aloud.

 

“Good evening, this statement has been prepared on behalf of the Applicant concerning the proposed LACE Housing development to be determined at today’s committee. The application site forms part of a wider development for up to 150no dwellings which was granted Outline Approval in 2017. A later Reserved Matters Application for the wider development by Rippon Homes was approved in 2019, which again included the parcel of land associated with this application. Included within the Reserved Matters Application were full details of the intended Road and Drainage Design for the whole development. These were all approved by the Highways, LLFA and Local Authority as part of that determination process.

 

The application to be determined today is a Full Plans Application for 33 Affordable Homes specifically designed to meet the changing needs and requirements of older people. These homes would be a replacement for the 33 General Needs Affordable Housing which has already been granted approval, not in addition to this number. The change to the proposed housing provision for this parcel of land is due to the significant population growth of older residents within Lincolnshire and helps to meet the housing need for older residents which is in short supply across the county.

 

The land parcel associated with this application sits at the entrance into the wider development near the northern boundary. As such the site will enjoy positive views out across the existing open space to the north and act as a gateway site for the development as a whole. The site layout has been designed as a perimeter block with active frontages and generous front gardens facing out on all sides, and a semi-private feel to the central spaces at the heart of the scheme.

 

The 2-storey apartment building has been located to the north of the site, with generous offset distances of over 30m to the existing properties to the north. The mature vegetation along the boundary of the site is also retained to provide screening.  The new bungalows are then arranged along the remaining edges of the site to provide a continuous ribbon of development looking out onto the street. The APPROVED Surface Water Drainage Strategy developed as part of the RMA incorporates drainage swales around the eastern, southern and western frontages of the application site so vehicle access is limited to a single point.

 

Areas of parking associated with the apartments are located to the north and south of the access road, with a central square acting as a point of arrival. Parking for the bungalows is also arranged around a central square with large amounts of manoeuvrability space for cars. As parking for the bungalows is behind the properties; they have been designed to include a defined second entrance to the garden side. This garden entrance has been highlighted with a change in material and the provision of a canopy to emphasise it’s function as a point of arrival. Communal garden areas around the central space have also been provided to soften this key area at the heart of the scheme. We have engaged proactively with West Lyndsey District Council via a Pre-Application enquiry; and comments made at Pre-App stage have been incorporated into the final design.

 

The proposed drainage design for this application has been developed to integrate into the wider drainage strategy and the drainage network approved under the previous Outline Approval and Reserved Matters Approval respectively.  As stated previously this application is for 33 homes for older persons, which would be built to replace the 33 General Needs housing units already approved. Two submissions had been made with regard to the drainage issues, both available on the planning portal website. BSP consulting have confirmed that the foul and surface water drainage for the development has been designed in accordance with the requirements of the approved Flood Risk Assessment and Drainage Strategy, and has addressed any surface water flooding issues, to ensure that the development will be safe without increasing flood risk elsewhere. The foul and surface water drainage has also been designed in accordance with the requirements of Anglian Water Services Limited and will be adopted under a S104 Agreement. The Anglian Water Services technical approval letter has also been received.

 

In summary we have looked to create a high-quality addition to the town of Market Rasen, which will provide attractive and well-designed contemporary homes specifically for elderly residents.”

 

The Chairman thanked the Democratic and Civic Officer for reading the statement, and invited him to read the next statement, from Don Westman and Christine Slack, objectors to the application. The following statement was read aloud.

 

“There are unaddressed flood risk concerns associated with this current application, which is for development on part of the site associated with a previous application (no 140365). The Flood Risk Assessment (FRA) in the current application uses the same report provided by BSP Consulting for 140365 which contains a major error with respect to surface water flooding risk.

 

The error lies in BSP’s assertion that the site is protected from surface water inflow from the South by a ditch running the length of the southern boundary. In fact the ditch does not exist on that portion of the southern boundary which, during prolonged wet weather, is subject to a massive influx of underground-sourced water from a spring on adjacent land to the South West. This underground source is clearly shown on the Environment Agency Flood Risk map which was presented with 140365.  I have submitted copy of this same map to the meeting and have marked the presence and absence of the ditch. (This map also shows those areas of The Ridings development adjacent to the building site that are already marked as being at flood risk from surface water runoff).

 

The invading ground water from the spring flows downhill like a river into the site during prolonged wet weather. Lakes form in the building site, spill over onto the public open space on The Ridings and thence into the adjacent Woodland Walk, exiting into an existing road drain in Stable Way.  In 2019/2020, this heavy rate of flow lasted many months, thereby contributing to the water load on the existing inadequate attenuation pond in The Ridings. I have also submitted a copy of an aerial photo clearly demonstrating the significant flood risk from this water source.

 

The underground water source did not reach the surface during this last dry summer, when the water table was low, but after recent rainfall, a lake has already formed on the South West corner of building site and on the Ridings public open space. This matter has been repeatedly raised with West Lindsey planning department and publicised in the Market Rasen Mail article of October 19th. The planning department has never responded. Is it the intention of the developers to simply divert this additional flood water from their own site, (where the ground levels are also being raised) onto the Ridings? This application neither acknowledges its existence or has presented any mitigation measures.

 

At one point both Lincs County Council (LCC) as Lead Local Flood Authority and WLDC were stating they would not address the above concerns with the FRA and that we should contact the other Authority. LCC did then propose a site meeting in November. WLDC were apparently invited to attend by LCC but refused. As a result of the meeting, LCC appreciate our concerns re the FRA, plus another issue with a new pond that has appeared to the West of the site.”

 

The Chairman stopped the statement at that point, in order to allow sufficient time for other registered speakers, and invited the Democratic and Civic Officer to read the next registered statement, from another objector, Hazel Barnard. The following statement was read aloud.

 

“The proposed block of flats within the proposed development by LACE housing is totally out of place in our rural landscape, having an atrium connecting two solid brick structures does not lessen the appearance of a monolithic edifice. This identikit design is more in keeping with the urban landscape in which the majority of their housing schemes are found.

 

With more imagination and care, the much needed housing could fit into its rural surroundings without the brutal harshness that is currently proposed. Why have a second floor when the housing is intended for an ageing population? Mobility issues for tenants mean possible problems in the future, so why not build single storey accommodation to future proof this? This would allay the fears of nearby residents being overlooked by tenants and give the tenants a more realistic chance of enjoying their homes without concerns about future mobility issues.

 

To say that screening is provided by trees is to misunderstand or misrepresent the fact that the trees are deciduous thereby meaning that for 6 months of the year are not in leaf, so offering no screening whatsoever. Having the ability to show CAD drawings with trees blocking this proposed monolithic building is therefore disingenuous. I note here that according to the LACE housing current brochure, this development is already a done deal and is a fact as shown on their locations map, how? Is there something that the public is not aware of?

 

The widely reported flooding problems should also be raised here, we have an ongoing problem with raised water levels since the larger development under 140365, of which this is a part, began. The lagoon is already not able to cope with runoff water and has led to the flooding of existing nearby properties, the boundary ditches have been back filled and the Internal Drainage Board are in constant communication regarding this. The proposed block of flats is obscene in its dimensions in our rural landscape and single storey development should be encouraged for the health and well being of future tenants and for nearby single storey property owners. I therefore urge that this application in its current format be refused.”

 

The Chairman then asked the Democratic and Civic Officer, in the remaining time, to continue reading the statement from Don Westman and Christine Slack.

 

“They have undertaken therefore to investigate both issues, review the FRA, and to report back in December.  The flood risk map submitted, demonstrates that a large percentage of The Ridings is now at high risk of surface water flooding. This is a relatively new area of development as compared to the center of Market Rasen with its Victorian type of sewerage system. It should therefore have been more adequately protected from flooding by the modern Planning/ Flood Risk Assessment process. It has clearly failed to do so and puts into serious question the efficacy of the current approach. As well as the above issue with groundwater, we also have significant concerns regarding the whole surface water management on the site.”

 

The Chairman thanked the Democratic and Civic Officer for reading the statements, and invited the Local Ward Member and County Councillor for the area, Councillor Stephen Bunney, to address the Committee.

 

In his statement, the Member focused the Committee's attention on a slideshow that featured maps and drawings of the proposed site and explained the drainage concerns for the application site. He declared that he owned land adjacent to the site. He explained the recent flooding situation in the area and referenced the importance of dealing with surface water drainage.

 

Moving towards the specific site, Councillor Bunney referred to what had and had not worked with preventing flooding in the area, including inadequate drainage. At this point in the statement, the Member referenced a drawing that showed a pond and referred back to the recent flooding in August. Members heard that the main issue was the surface water drainage on the site.

 

The Member progressed to state that this was agricultural land and had traditionally always had water on it. This facilitated the need to have 24 hours a day pumps to remove the water when nearby bungalows were built previously. The Member explained that he was concerned with the water that sometimes came off the site, flowed into the sewage drain, and worked down into the main drainage systems.

 

Councillor Bunney asserted that he believed the water from the attenuation pond, due to this development, would likely enter the Riding's system and then go either through the surface water, drainage, manholes or foul water drainage. In concluding his statement, the Member proposed returning to the original pre-2017 design, with the water being taken down onto an existing drain that flowed into the River Rase, adjacent to the Rugby Club.

 

The Chairman thanked Councillor Bunney for his statement, and invited a response from the Development Management Team Leader. In his response, the Officer explained that Lincolnshire County Council Highways had concerns about the drainage issue because the original technical approvals for the site appeared to have been superseded by separate agreements with Anglian Water, however this would not affect the determination of the application. The Officer explained the additional condition required drainage for the site to be submitted to and approved by the Local Planning Authority. Moving to overlooking concerns, the Officer explained that the distances were set out in the Officer's report, ranging from 30 to 70 metres from the existing bungalows. In screening, the Officer's opinion was that it was not required, and assessed that the design stood well on its own.

 

The Chairman invited comments from Members of the Committee. Members mentioned similar sites across the District, remarks about flooding, agricultural land, the outline permission previously given, the provisions for over 55s and the availability of downsizing. There were also remarks about the move towards flats instead of bungalows with this application and the possible individual concerns of the residents in each unit.

 

In response to a query about the bedrooms in each unit, the Officer explained that some one-bedroom apartments were proposed, parking concerns were minimal and referenced that Lincolnshire County Council Highways had no issue with parking. In a similar query about the criteria needed to take up one of the units, the Officer explained that the criteria were set by the eventual owners of the site and were not a consideration by the Local Planning Authority.

 

In response to a query about the Section 106 agreement, the Officer clarified that the contribution required came from the NHS and that occupation would be limited to over 55s by the Section 106 agreement. This was necessary as this was the reason no education contribution was requested.

 

Having been proposed and seconded, the Chairman took the vote and it was agreed that planning permission be GRANTED subject to conditions, and deferredback to Officers for completion of a S106 Planning Obligation that would provide a contribution of £20,872.50 towards expansion of existing medical facilities, and, ensure occupancy by over 55s.

 

Conditions stating the time by which the development must be commenced:

 

1. The development hereby permitted shall 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 shall take place until details of the proposed surface water and foul water drainage scheme have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure satisfactory drainage arrangements are provided in accordance with policy LP14 of the Central Lincolnshire Local Plan.

 

3. No development shall take place until details of the existing and proposed finished ground levels have been submitted to and approved in writing by the local planning authority with subsequent implementation in accordance with the approved details.

 

Reason: In the interests of the character and appearance of the site and wider area and the amenities of existing residents and in accordance with policy LP26 of the Central Lincolnshire Local Plan.

 

4. No development shall take place, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

(i)   the routeing and management of construction traffic;

(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 during construction;

(viii)details of noise reduction measures;

(ix) a scheme for recycling/disposing of waste resulting from construction works;

(x) the hours during which machinery may be operated, vehicles may

      enter and leave, and works may be carried out on the site;

(xi) Measures for tree and hedgerow protection;

 

Reason: In the interests of the amenities of existing residents and in accordance with policy LP26 of the Central Lincolnshire Local Plan.

 

5. No development shall take place above ground level until details of all external materials have been submitted to and approved in writing by the Local Planning Authority and shall be accompanied by written details of the materials including source and manufacturer. The details of the external materials shall be approved in writing by the local planning authority before their use in the development

 

Reason: In the interests of securing a satisfactory visual appearance in the interests of the character and appearance of the site and wider area in accordance with policy LP26 of the Central Lincolnshire Local Plan

 

6. No development shall take place, above ground level, until details of hard landscape works have been submitted to and approved in writing by the local planning authority. The details shall include:

 

• Car parking areas;

• Surface materials for pedestrian and vehicular access

 

Reason: In the interests of securing a satisfactory visual appearance in the interests of the character and appearance of the site and wider area in accordance with policy LP26 of the Central Lincolnshire Local Plan

 

7. No development shall take place, above ground level, until details of soft landscape works have been submitted to and approved in writing by the local planning authority. The details shall include:

 

•   planting plans;

•   Written specifications including cultivation and other operations associated with plant and grass establishment;

•   Schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

•   Tree pits including root protection details;

 

Reason: To ensure a satisfactory landscape scheme is provided that complements the character and appearance of the site and wider area in accordance with policy LP 26 of the Central Lincolnshire Local Plan.

 

8. No development shall take place above ground level until details of biodiversity enhancements, including bat and bird nesting boxes and native planting, have been submitted to and approved in writing by the local planning authority. The scheme be implemented prior to occupation.

 

Reason: In the interests of biodiversity in accordance with policy LP21 of the Central Lincolnshire Local Plan

 

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

 

9. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the following drawings:

 

Drainage Layout 10-5830 500;

LACE Site - 1683-SBA -XX -XX-DR -A -0506;

Apartment Ground Floor Plan: 1683-SBA -XX -00 -DR -A -010;

Apartment First Floor Plan: 1683-SBA -XX -01 -DR -A -011;

Apartment Plans: 1683-SBA -XX -ZZ -DR -A -0020;

Apartment Block – Elevations; 1683 –SBA-XX-XX-DR-A -0202;

Bungalow Plans & Elevations (Semi); 1683 –SBA-XX -XX-DR-A -0203

Bungalow Plans & Elevation (Terrace): 1683 –SBA-XX -XX-DR-A -205

Parking Plan; 1683-SBA -XX -XX-DR -A -0507;

Boundary Treatment Plan; 1683-SBA -XX -XX-DR -A -0508;

Materials Plan; 1683-SBA -XX -XX-DR -A -0510;

 

The works shall 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 in the interests of proper planning.

 

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

 

10. No occupation of the units shall take place until the approved surface water and foul water drainage referred to in condition 2 above is in place which shall be retained and maintained thereafter.

 

Reason: To ensure a satisfactory scheme of drainage is provided in accordance with policy LP14 of the Central Lincolnshire Local Plan

 

11. All hard landscape works shall be carried out prior to the occupation of the development.

 

Reason: In the interests of securing a satisfactory visual appearance in the interests of the character and appearance of the site and wider area in accordance with policy LP26 of the Central Lincolnshire Local Plan

 

12. All soft landscape works shall be carried out in the first planting season following completion of development or occupation, whichever is the sooner.Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.

 

Reason: To ensure that an approved landscaping scheme is implemented in a speedy and diligent way and that initial plant losses are overcome, to ensure that a satisfactory landscape scheme is provided that complements the character and appearance of the site and wider area in accordance with policy LP 26 of the Central Lincolnshire Local Plan.