Agenda item

Planning application to erect 6 detached, two-storey houses with attached garages and driveways with a new vehicle and pedestrian access from Gainsborough Road on land to West of Fossdyke House, Gainsborough Road. Saxilby

Planning application to erect six detached, two-storey houses with attached garages and driveways with a new vehicle and pedestrian access from Gainsborough Road on land to West of Fossdyke House, Gainsborough Road, Saxilby.

 

The Senior Development Management Officer updated the Committee regarding clarification on ownership of the footpath, as the question had been raised during the site visit that had taken place.  The western part was in the ownership of the applicant and the canal bank was owned by the waterways, who had no objection to the footpath.

 

Mel Holliday, MD of Chiselwood developers, spoke about the application, describing how this was a local firm which had won awards for design of kitchens and conversions.  Local partners were used and high standards maintained.  The site passed the sequential test, as the waterways were managed with lock gates and there had been no instances of flooding.  The whole development was proposed to be built above the predicted worst case flooding level.  The site was higher than that of the opposite bank so any high water would go elsewhere.  The Environment Agency had no objections and consideration had been given to the Saxilby Neighbourhood Plan.  Letters of support had been received.  The footpath would be important as there was a dangerous stretch of road.

 

Members discussed the application and although it was felt that there were some inconsistencies in the statutory consultee responses set out in the report, it was generally felt that the proposals were of a good design, and with good environmental credentials.  It was agreed that the site was sustainable in terms of its proximity to the settlement of Saxilby, and generally felt that there were no justifiable reasons to refuse the application.

 

Concerns were expressed regarding bedrooms being on the ground floor in terms of flood risk, however it was clarified that the ground floors are to be raised above the minimum level.

 

It was moved and seconded that the application be granted, as it was felt that the sequential test had been met and the development was sustainable, and therefore noted that conditions would need to be attached to the permission.  A number of suggestions were made, such as restricted Permitted Development Rights, an Archaeological Survey to be carried out, and the retention of as many trees as possible.  The Senior Area Development Officer read out the proposed conditions, as set out below.

 

Note Councillor Marfleet joined the meeting at 6.58pm.

 

The application was then voted upon and AGREED that planning permission be GRANTED subject to conditions.

 

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 a details of a scheme for the disposal of foul/surface water (including soakaway/percolation tests if appropriate) including a drainage plan has been submitted to and approved in writing by the local planning authority

 

Reason: To ensure adequate drainage facilities are provided to serve the development, to reduce the risk of flooding and to prevent pollution of the water environment to accord with the National Planning Policy Framework and saved policies STRAT 1 and NBE 14 of the West Lindsey Local Plan First Review 2006 and local policy LP14 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

3.    No development shall take place until details of all external materials of the dwellings and garages have been submitted and agreed in writing by the Local Planning Authority.

 

Reason: To ensure the use of appropriate materials in the interests of visual amenity and the character and appearance of the site and the surrounding open countryside to accord with the National Planning Policy Framework and saved Policies STRAT 1, NBE 10 and NBE 20 of the West Lindsey Local Plan First Review 2006 and local policy LP17 and LP26 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

4.    No development shall take place until a landscaping scheme has been submitted including the following details:

 

·         All trees and hedging to be retained along the boundaries.

·         Position, species, height and planting formation of any new or replacement trees and/or hedging.

·         All boundary treatments identifying plot boundaries and division to existing dwellings.

·         Access road and driveway surface materials.

 

Reason: To ensure that appropriate landscaping is retained and introduced and will not adversely impact on the character and appearance of the site to accord with the National Planning Policy Framework and saved policies STRAT 1 and CORE 10 of the West Lindsey Local Plan First Review 2006 and local policy LP17 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

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

 

(i)            the routeing and management of 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)          wheel cleaning facilities;

(vi)         Protection of the river bank

(vii)        measures to control the emission of dust and dirt;

(viii)       details of noise reduction measures;

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

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

 

Reason: To restrict disruption to the living conditions of the neighbouring dwelling and surrounding area from noise, dust and vibration and to accord with the National Planning Policy Framework and saved policy STRAT 1 of the West Lindsey Local Plan First Review 2006 land local policy LP26 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

6.    No development shall take place until details of a 2 metre high obscurely glazed screen to the west elevation of the terrace (highlighted red on attached plan) to the proposed dwelling to the west of the access have been submitted and agreed in writing by the Local Planning Authority.

 

Reason:  To ensure the use of appropriate materials in the interests of visual amenity and in the interests of the future residential amenity of plot 2 to accord with the National Planning Policy Framework and saved policy STRAT 1 of the West Lindsey Local Plan First Review 2006 and local policy LP26 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

7.    No development shall take place until details of the proposed arrangements for future management and maintenance of the proposed streets within the development have been submitted to and approved by the local planning authority. (The streets shall thereafter be maintained in accordance with the approved management and maintenance details until such time as an agreement has been entered into under Section 38 of the Highways Act 1980 or a private management and maintenance company has been established).

 

Reason: To ensure that the future maintenance of the streets serving the development thereafter, are secured and shall be maintained by the Local Highway Authority under Section 38 of the Highways Act 1980 or via an established private management and maintenance company to accord with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

8.    No development shall take place until full engineering, drainage, street lighting and constructional details of the streets proposed for adoption have been submitted to and approved in writing by the Local Planning Authority. The development shall, thereafter, be constructed in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: In the interest of highway safety; to ensure a satisfactory appearance to the highways infrastructure serving the development; and to safeguard the visual amenities of the locality and users of the highway in accordance with Policies and of the Development Plan to accord with the National Planning Policy Framework and saved policies STRAT 1 and NBE 14 of the West Lindsey Local Plan First Review 2006 and local policy LP14 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

9.    No development shall take place until, details of the form and position of the protection measures to protect the retained trees within the site and on its boundaries including their root protection areas have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To safeguard the existing trees on and around the site during construction works, in the interest of visual amenity and the health of the protected trees to accord with the National Planning Policy Framework and saved policies STRAT 1 and CORE 10 of the West Lindsey Local Plan First Review 2006 and local policy LP21 and LP26 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

10. No development shall take place until details of the position of three bat boxes, three starling bird boxes, three sparrow bird boxes and three artificial insect refuges on the site have been submitted to and approved by the Local Planning Authority.

 

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006 and local policy LP21 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

11.No development, demolition or site clearance shall take place during the bird breeding season (1^st March to 31^st August) in any year unless, a detailed survey is undertaken to check for the existence of bird nests.  Any active nests shall be protected until the young fledge.  Completion of bird nest inspection shall be confirmed by a suitably qualified person and a report submitted to and approved in writing by the Local Planning Authority before any demolition works commence.

 

Reason: In the interest of nature to accord with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006 and local policy LP21 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

12. No development shall take place until details of the pedestrian footpath shown on plan 325-A-009 dated May 2016 have been submitted and agreed in writing by the Local Planning Authority.  Details to include:

 

·         Construction method (including a section drawing) and materials

·         Safety measures

·         Responsibility for management and maintenance

 

Reason:  To ensure the proposed footpath is constructed from an appropriate material, is safe for all users and is maintained to a good condition to accord with the National Planning Policy Framework and saved policy STRAT 1 of the West Lindsey Local Plan First Review 2006 and local policy LP17 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

13.No development shall take place until a written scheme of archaeological investigation has been submitted to and approved in writing by the local planning authority. This scheme shall include the following

 

1. An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements).

2. A methodology and timetable of site investigation and recording.

3. Provision for site analysis.

4. Provision for publication and dissemination of analysis and records.

5. Provision for archive deposition.

6. Nomination of a competent person/organisation to undertake the work.

7. The scheme to be in accordance with the Lincolnshire Archaeological Handbook.

 

Reason: To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation and in accordance with the National Planning Policy Framework (2012) and saved local policy STRAT 1 of the West Lindsey Local Plan Review 2006.

 

14.The local planning authority shall be notified in writing of the intention to commence the archaeological investigations in accordance with the approved written scheme referred to in condition 13 at least 14 days before the said commencement. No variation shall take place without prior written consent of the local planning authority.

 

Reason: In order to facilitate the appropriate monitoring arrangements and to ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework (2012) saved local policy STRAT 1 of the West Lindsey Local Plan Review 2006.

 

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

 

15.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:

 

• 325-A-004 Rev F Proposed Site Plan dated Aug 2015
• 325-A-008 Proposed Site Levels and Flood Risk Strategy dated Nov 2015
• 325-A-009 Proposed Pedestrian Footpath Plan dated May 2016
• 325-A-100 General Arrangement Plans dated Nov 2015
• 325-A-101 Proposed Elevations dated Nov 2015

 

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 and to accord with the National Planning Policy Framework and saved policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

16. The development shall only be carried out in accordance with the details approved in condition 2, 3, 4, 5, 6, 7, 8, 9 ,10, 11, 12 and 13 of this permission and shall be so retained.

 

Reason:In the interests of the visual amenity of the area and to accord

with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

17.The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (SGA, November 2015) and the Proposed Site Levels and Flood Risk Strategy (SGA, November 2015), including the following mitigation measures:

 

·         Finished floor levels to be set no lower than 6.3m above Ordnance Datum (AOD)

·         Access road and driveways to the dwellings to be set no lower than 6.0m AOD

·         Dwellings to have a minimum of two storeys

 

The above mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.

 

Reason:  To reduce the risk of flooding to the proposed development and future occupants to accord with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006 and local policy LP14 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

18. No dwellings (or other development as specified) shall be commenced before the first 25 metres of estate road from its junction with the public highway, including visibility splays, as shown on drawing number 325-A-004 Rev F dated Aug 15 has been completed.

 

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site and to enable calling vehicles to wait clear of the carriageway of Gainsborough Road to accord with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

19. No dwelling or dwellings shall be occupied until the estate street affording access to those dwellings has been completed in accordance with the Estate Street Development Plan.

 

Reason: To ensure that the estate streets serving the development and completed and maintained to the approved standard, and are available got use by the occupants, and other users of the development, in the interest of highway safety; to ensure a satisfactory appearance to the highways infrastructure serving the approved development; and the safeguard the visual amenities of the locality and users of the highway, to accord with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

20.The development shall be completed in accordance with section 6.1, 6.4, 6.5 and 6.7 of the Extended Ecological Appraisal & Protected Species Survey Report (EEA) completed by Sherwood Associated dated October 2015.

 

Reason: In the interest of nature to accord with the National Planning Policy Framework and saved Policy STRAT 1 of the West Lindsey Local Plan First Review 2006 and local policy LP21 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

21.No occupation shall occur until the foul and surface water methods shall be completed in accordance with the details approved in condition 2 of this permission.

 

Reason: To ensure adequate drainage facilities are provided to serve the development, to reduce the risk of flooding and to prevent pollution of the water environment to accord with the National Planning Policy Framework and saved policies STRAT 1 and NBE 14 of the West Lindsey Local Plan First Review 2006 and local policy LP14 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

22. No occupation of the dwellings shall occur until the access road and driveways have been completed in accordance with the details shown on drawing number 325-A-004 Rev F dated Aug 2015.

 

Reason: In the interests of safety of the users of the public highway and the safety of the users of the site to accord with the National Planning Policy Framework and saved policies STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

23. No occupation of the dwellings shall occur until the pedestrian footpath shown on plan 325-A-009 dated May 2016 has been completed in accordance with the details agreed in condition 12 of this permission and retained thereafter.

 

Reason:  To ensure the completion of the pedestrian footpath prior to the use of the development for the benefit of the wider community to accord with the National Planning Policy Framework and saved policies STRAT 1 and CORE 10 of the West Lindsey Local Plan First Review 2006 and local policy LP17 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

24.The archaeological site work shall be undertaken only in full accordance with the written scheme required by condition 13.

 

Reason: To ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework (2012) and saved policies STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

25.Following the archaeological site work referred to in condition 23 a written report of the findings of the work shall be submitted to and approved in writing by the local planning authority within 3 months of the said site work being completed.

 

Reason: To ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework (2012) and saved policies STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

26.The report referred to in condition 24 and any artefactual evidence recovered from the site shall be deposited within 6 months of the archaeological site work being completed in accordance with a methodology and in a location to be agreed in writing by the local planning authority.

 

Reason: To ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with the National Planning Policy Framework (2012) and saved policies STRAT 1 of the West Lindsey Local Plan First Review 2006.

 

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

 

27.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no external alterations to the dwelling including the insertion of a structure or building within the curtilage of the dwelling other than as authorised by this permission.

 

Reason: To ensure the dwelling retains enough outside amenity space for the enjoyment of the occupiers to accord with the National Planning Policy Framework and saved Policies STRAT 1, RES 3 and CORE 10 of the West Lindsey Local Plan First Review 2006 and local policy LP26 of the Submitted Central Lincolnshire Local Plan 2012-2036.

 

Advisory

 

Highways

Prior to the submission of details for any access works within the public highway you must contact the Divisional Highways Manager on 01522 782070 for application, specification and construction information.

 

You are advised to contact Lincolnshire County Council as the local highway authority for approval of the road construction specification and programme before carrying out any works on site.

 

The applicant is advised to obtain a technical approval for all estate street details from the Local Highway Authority prior to the submission of such approved details to the Local Planning Authority to discharge the conditions of this consent.

 

Trees

There should be no changes in existing natural ground levels within the RPA of any trees to be retained, to avoid tree decline and risk of collapse.  N.B. This will affect the intended lowered ground for flood attenuation.

 

Archaeology

The written scheme required by condition (insert number of ARCH1) shall b e in accordance with the archaeological brief supplied by the Lincolnshire County Council Historic Environment advisor (tel 01522 554---)

 

River and Canal Trust

Any drainage discharges to the adjacent Fossdyke Navigation will require the prior consent of the Canal & River Trust. Please contact the Canal & River Trust Utilities Team at the Hatton Office on 01926 626100 in the first instance for further advice. Please also be advised that the Trust is not a land drainage authority and such discharges are not therefore granted as of right; where they are granted, they will usually be subject to completion of a commercial agreement.

 

The northern boundary of the application site adjoins a strip of land approximately 5-7m deep which is owned by the Canal & River Trust. Any access to or oversailing of this land, or removal of trees or other vegetation on it will require the prior consent of the Trust. Please contact the Trust’s Estates Team at the Fazeley office on 01827 252000 for further advice.

 

Environment Agency

The proposed finished floor level is 600mm above the 1% (including climate change) flood level, not the 0.1% (including climate change) flood level as incorrectly stated in the Flood Risk Assessment.

 

 

Conclusion:

The decision has been considered against saved local policies STRAT 1 Development Requiring Planning Permission, STRAT 3 Settlement Hierarchy, STRAT 12 Development within the Open Countryside, RES 1 Housing Layout and Design, CORE 10 Open Space and Landscaping within Developments, NBE 10 Protection of Landscape Character and Areas of Great Landscape Value, NBE 14 Waste Water Disposal and NBE 20 Development of the Edge of Settlements of the adopted West Lindsey Local Plan First Review 2006 in the first instance and local policies LP1 A presumption in Favour of Sustainable Development, LP2 The Spatial Strategy and Settlement Hierarchy, LP3 Level and Distribution of Growth, LP4 Growth in Villages LP10 Meeting Accommodation Needs, LP14 Managing Water Resources and Flood Risk, LP17 Landscape, Townscape and Views, LP21 Biodiversity and Geodiversity, LP26 Design and Amenity and LP55 Development in Hamlet and the Countryside of the Submitted Central Lincolnshire Local Plan 2012-2036.  In addition consideration has been given to the position and policies of the Draft Saxilby with Ingleby Neighbourhood Plan and guidance within the National Planning Policy Framework and National Planning Practice Guidance.

 

The development passes the sequential test as the land to the north and south of the site is at a lower level greatly reducing the flood risk.  The proposal is in a sustainable location due to the walking distance to facilities in the large village of Saxilby and the flood resilience of the site.  The propose footpath, flood resilience and use of energy efficient technologies meet the exceptional circumstances set out in LP2 of the Submitted Central Lincolnshire Local Plan 2012-2036.  The proposal will allow a growth of 6 additional houses which will not have a significant adverse impact on visual amenity, residential amenity, highway safety, archaeology, or ecology.  The proposal will therefore subject to meeting a number of conditions accord with policies STRAT 1, STRAT 3, RES 1, CORE 10, NBE 10, NBE 14 and NBE 20 of the adopted West Lindsey Local Plan First Review 2006 and local policies LP1, LP2, LP3, LP4, LP10, LP14, LP17, LP21 and LP26 of Submitted Central Lincolnshire Local Plan 2012-2036.