Agenda item

The Chairman introduced the next application, item 6(d), planning application number 146082, for the erection of 30 affordable homes and associated infrastructure on land off Deepdale Lane, Nettleham).  The report set out the history of the site and the issues surrounding

 

The Chairman invited the Planning Officer to present the report and in doing so reference was made in particular to the following:-

 

The Committee was advised that the purple hashed area shown on the presentational plans was third party land owned by the LACE development already built. The original access in the appeal decision involved this land but the applicant could not come to a legal agreement with LACE to provide this access. This purple hashed area is shown on the original layout as a green hash to show the inability to build this access with third party land.

The applicants had a contractual obligation with the landowner to provide an access road that was built to adoptable standards, but unfortunately, the road could not be widened due to residential units already there. These two factors put together meant that the access could not go there, and that another alternative point needed to be looked at.

The applicants were contractually obliged to provide an access that could be used by any agricultural vehicle, so could not specify what type of vehicle exactly.  However, they had stated that it was unlikely that this access would be used frequently, as the current tenant farmer, who had a longstanding agreement with the landowner, currently used a different access.

Two objections had been received since publication of the report from 41 High Street, Nettleham and 15 Shaw Way, Nettleham stating that the proposal did not accord with the Nettleham Neighbourhood Plan and also referring to the impacts on local services. These further representations did not however change the recommendation of the report.

It was reported that the unilateral agreement was yet to be finalised which secured the NHS contribution and the affordable housing. Therefore, for this reason it was being recommended that the application be granted (subject to conditions) and delegated back to officers to finalise this agreement.

The Chairman stated that there was one registered speaker to application, and welcomed Hannah Guy who addressed the Committee along the following lines:-

“Good evening ladies and gentlemen, thank you for the opportunity to speak this evening. My name is Hannah Guy and I am the Planning Manager at Alison Holmes. I am speaking to you today in support of both planning applications for this site (see item 128 below).  I fully endorse the Officers' reports and recommendations for approval for both the 30 unit scheme and the 8 units scheme (next item).

 

These two applications have been summarised in the Committee reports before you.  As the Committee reports highlight, the principle of developing the site has already been deemed acceptable and this was by way of the appeal last year. There is approval for up to a potential of 40 units.

 

The submitted changes, as explained by the Planning Officer are due to the requirement for the provision of an access to the field to the rear.  It was established after the appeal approval, that the proposed access was not adequate and we couldn't accommodate it in originally intended location, so we had to do a basically a layout replan.

 

To be in line with the contractual agreement, changes needed to be made to the access arrangements.  Other than the call-in from the Parish Council and the other than Call-in (referred to in the Committee report) there were no objections from statutory consultees.

 

The Officer's report and presentation effectively explains the differences between the two schemes, so I won't go over that again and it's already been indicated that we will provide a Unilateral Undertaking for the financial contributions that have been requested, I therefore hope that the decision is a positive one. Thank you.”

 

The Chairman thanked Hannah Guy for her contribution and invited the Planning Officer to comment.  The Planning Officer had nothing further to add to the report in the light of the above presentation.

 

The Chairman then invited Councillor Mrs White as Local Ward Member to address the Committee:-

 

“Thank you.  I will speak to this application and the next application referred to in the Minute below and then, as indicated at the beginning of the meeting, I will retire from the chamber.

 

These applications were won on appeal, the Parish Council having objected on the grounds of density, design and amenity.  I would just like to make the point that when the original Baker Drive, application was submitted (application number 135567) the conditions for the path were set out.  The path that goes around this site and ends at Deepdale Lane near the Enterprise Park is not up to the standards set out in the original application 135567  and there have been several complaints from residents about the access to that path for people with pushchairs or wheelchairs.

 

I note the affordable housing and I have asked the officers what type of affordable housing was to be provided and who would be the provider. Also, I asked whether the development complied with a ministerial statement that 25% should be first homes.

 

Another point that was made in the original application for the main development was the provision of a bus stop, and we are lobbying Lincolnshire County Council for an additional bus stop.

 

The number of houses is quite confusing because the developers have two permissions - one permission for 33 and one permission for 30. I have also questioned the officers about this because this application is for 30 and 8.

 

I note the point about education but there is no contribution to education as this was not in the original application for this site.  For the main site, Baker Drive, there was a contribution that went to Monks Abby school in Lincoln for £124,000, so we didn't get anything in Nettleham.

 

I had assumed that these affordable houses are for the West Lindsey District, as provided for in the Central Lincolnshire Local Plan. However, I know from the people already living in the affordable housing here that the majority are not Nettleham residents. But I also know that Nettleham residents would get priority in the future.  I would just like to say that we have had far more than our share of affordable housing.  Thank you.”

 

Note:               Councillor A. White left the Chamber for the remainder of the item and the whole of the next item at 7.56 pm.

 

The Chairman thanked Councillor Mrs White for her contribution and invited a response from the Case Officer. The Planning Officer confirmed that the affordable housing related to the policies in the Central Lincolnshire Local Plan.  The Planning Officer stated that discussions were taking place regarding the level and type of affordable homes to be provided, hence the recommendation for this application to be delegated.

 

In relation to the comments made about the type of affordable homes, the Council’s legal advisor indicated that it was now a legal requirement that housing developments should provide a percentage of first homes. However on sites which were fully affordable, such as this, (which was going to comprise totally affordable homes), they were excused from providing “first homes” so that they could provide all of those traditional, affordable housing tenures, affordable rent and shared ownership.

 

Having been proposed and seconded the Chairman put the application to 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. 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 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.

- construction working hours

 

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.

 

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

 

3. 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 details shown on the approved plans:

 

L162-NET-SL-03 C

L000-A102-DS-01 AS

L000-A102-DS-01 OP

L000-B204-E-DS-01 AS

L000-B204-M-DS-01

L000B204-E-DS-01 OP

L000-C305-DS-01 AS

L000-C305-DS-01 OP

L000-C308-DS-01 AS

L000-C308-DS-01 OP

L000-C308-E-DS-01

L---/C308A/DS/01

L---/C308A/DS/01

L---/D407/DS

 

and in any other approved documents forming part of the application.

 

Reason: To ensure the development proceeds in accordance with the approved plans.

 

4. No development other than to foundation level shall take place until full details of foul and surface water drainage has been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained thereafter.

 

Reason:To ensure adequate drainage facilities are provided to serve the development and to prevent pollution of the water environment in accordance with policy S21 of the Central Lincolnshire Local Plan.

 

5. Prior to occupation, a scheme of landscaping to include an area of open space including details of the size, species and position or density of all trees to be planted, fencing and walling shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

 

Reason: To ensure that a landscaping scheme to enhance the development is provided in accordance with policy S53 of the Central Lincolnshire Local Plan.

 

6. Prior to occupation, a schedule of landscape management and maintenance for a minimum period of five years from the completion of the development shall be submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation and the development shall be carried out in accordance with the approved details.

 

Reason: To ensure that an approved landscaping scheme is implemented in a speedy and diligent way and that initial plant losses are overcome, in the interests of the visual amenities of the locality and in accordance with S53 of the Central Lincolnshire Local Plan.

 

7. No development, other than to foundations level, shall take place until the proposed new walling, roofing, windows, doors and other external materials 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. The details submitted shall include; the proposed colour finish, rainwater goods and type of pointing to be used.

 

Reason: To ensure the use of appropriate materials to safeguard the character and appearance of the street scene in accordance with the NPPF and Policies S53 of the Central Lincolnshire Local Plan and D-6 of the Nettleham Neighbourhood Plan.

 

8. The development shall be carried out in accordance with the submitted flood risk assessment dated March 2023 by Millward Consulting Engineers. Any mitigation measures shall be fully implemented prior to occupation and shall be retained and maintained thereafter throughout the lifetime of the development.

 

Reason: To reduce the risk of flooding to people and property in accordance with policy S21 of the Central Lincolnshire Local Plan and policy D-4 of the Nettleham Neighbourhood Plan

 

9. The development hereby permitted shall not be occupied before a 1.8 metre wide frontage footway connecting the western footway to the access, has been provided in accordance with details that shall first have been submitted to, and approved in writing by, the Local Planning Authority. The works shall also include appropriate arrangements for the management of surface water run-off from the highway.

 

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.

 

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

 

None