Agenda item

The first application before the Committee this evening was application number 142460 seeking approval of reserved matters for 43 dwellings, considering only the outstanding matters of appearance, landscaping, layout and scale, following the granting of outline permission on 19 December, 2017 on land west of North Moor Road, Scotter.  The application had been referred to the Committee following the receipt of third party objections, including from the Local Ward Member and Scotter Parish Council.

 

The Planning Officer presented the report and gave an update.  Since the report had been published, a further neighbour representation had been received from the occupant of 9 Messingham Road, Scotter, raising concerns over existing sewers and the sewerage system, stating that improvements needed to be made to that system, and that the hedgerow on the boundary of the site should be retained in the interests of sustaining the local wildlife.

 

An amended site plan had been submitted identifying the hedging to be retained. For the purposes of clarity the Planning Officer reminded the Committee that this was a reserved matters application where the Committee could only consider matters of scale, appearance, layout, landscaping and any other relevant material considerations.   Matters of principle and relating to access had been considered during the determination of the outline permission.

 

Having received the Planning Officer’s presentation, the Vice-Chairman welcomed the agent for the applicant, Mr Chris Dawkins, who addressed the Committee along the following lines:-

 

“This proposal delivers 43 new-build residential units on an allocated site in Scotter.  The development comprises a mix of 2 and 5 bedroom properties, including bungalows and houses.  This diverse mix provides housing suitable for first-time buyers, the elderly and also larger properties suitable for family living.

 

The proposal includes 10 affordable housing units, and 30% of the properties will meet the enhanced accessibility standards of Part M category 2. The site benefits from an existing outline planning consent for 51 residential units and an allocation for residential development within the Local Plan.  As such, this development will be important to meet the five year housing supply targets for Scotter.

 

A large number of comments have been received by from statutory consultees and members of the public. During the determination period we have made a significant number of changes to the plans and submitted additional information, which we believe addresses these concerns.

 

The proposed layout features two access points onto North Moor Road which have already been agreed at outline stage, and we are not proposing to change them at this stage. The Highways Authority has confirmed it has they no objections to the proposed layout or access points and have indicated that in their opinion there are no issues in terms of highway safety.

 

With regard to the parking provision, we confirm that all properties include space for 2 to 3 cars on the driveway, as illustrated on the plans.  In addition, all house sites, except for the 3 bedroom Warwick semi-detached property, include a single garage.  The five-bedroomed property includes a double garage, and the Highways Authority has again confirmed that they consider the parking provision to be adequate.

 

The planning conditions attached to the outline consent require the provision of a 1.8 metre wide footpath along the west side of North Moor Road to connect the development to the playing field to the north of the site, which is shown on the layout.

 

It is noted that it is not possible for this footpath to connect all the way back to Messingham Road, as it would have to pass over third party land to do so.  As requested by the Highways Authority, it is instead proposed to provide a tactile crossing point in a suitable location to allow pedestrians to cross the existing footway on the east side of North Moor Road.  The proposed layout has been designed in accordance with good practice design guidance.

 

Although West Lindsey does not include prescriptive design standards in its Local Plan, we have followed the guidance stated in successful places, which is the design guide used by a number of local authorities in the Midlands.  This document suggests a recommended minimum distance of 10.5 metres between a residential property and the rear boundary of its garden to avoid overlooking and/or overshadowing  or overbearing impact.  In the case of this proposal, the proposed bungalows all have a separation distance of 12 to 13 metres to the rear boundary which is well in excess of that recommendation.

 

We have reduced the ridge height of the three bed bungalows as much as possible by lowering the pitch of the roof to 30 degrees, which is quite a shallow pitch compared to a typical property of this type, and it would be not possible to lower it further without creating technical and aesthetic issues.  We do not believe that the ridge height of the proposed properties is excessive.

 

The proposed three bedroom bungalows have also been oriented such that the eaves run parallel to the rear boundary fences.  This is to mitigate the visual impact of the taller gable ends and eliminate any overshadowing of the neighbouring gardens.

 

In relation to the concerns about the capacity of the foul sewer network, we have been in contact with Severn Trent Water during the development of our drainage proposals. They are aware of the existing sewer capacity issues in Scotter and have acknowledged that upgrades will be necessary to resolve the existing issues and to upgrade the capacity of the sewer to facilitate the new development.  We have agreed to keep them updated regarding the progress of the development so that the necessary infrastructure upgrades can be carried out prior to completion and these upgrades should resolve any issues with foul drainage both on the proposal site and the neighbouring properties.

 

We confirm that all the existing hedges around the corner of the site will be retained.  Finally, we have also confirmed that the existing high voltage line to the south boundary of the site will be retained and will not be affected by the development.  We have left sufficient space to the side of Plot 43 to the south of it to allow maintenance access to the line so we believe this addresses all the concerns raised during the planning process.  However, should the Planning Committee have any questions relating to any of these points we would be happy to provide further clarification.  Thank you”.

 

The Chairman thanked Mr. Dawkins for his contribution. The Chairman then welcomed Mr John Murray who addressed the Committee along the following lines:-

 

“Good evening I am Mr. John Murray and I reside at Rustlings, Messingham Road Scotter. Sorry, if I sound nervous but I have not done this before.  My house is at the southern end of the row of semi-detached bungalows.  The final dwelling in that road is a 3 bedroomed bungalow behind my house, with a greater floor area and therefore higher ridge height and is slightly closer to my home than all the others.  I am asking why I have not been granted the same rights as all the other residents on that road and have been singled out and disadvantaged.  I am sure Members of this Committee who live where I do, would probably feel the same.

 

I am sure that West Lindsey as Planning Authority has a duty to engage with the developer and I am sure a thoughtful and understanding developer would make minor changes, i.e. a two bedroom bungalow instead of a three bedroom with the same roof ridge  height and the same footprint as all the other dwellings, which run along that boundary.

 

I did speak with the Planning Officer and he said it would probably only be probably three quarters of a metre or something like that, but when I am looking from my house, that means a big difference to me.

 

At the bungalow behind me there is a high velocity power, cable which runs down the side of my house and then runs diagonally to a telegraph pole.  I am approaching 80 years of age and suffer health problems, although I appreciate that this is not a material planning consideration.  The sewerage system has resulted in outfall in my garden, when it was blocked up.

 

The properties on North Moor Road have also suffered significantly from outfall from the sewerage system. Obviously the sewerage system for this and any other developments will cause pressure on the system.  Thank you all for listening to me”.

 

The Chairman thanked Mr Murray for his contribution and then invited the Democratic Services Officer to read out a statement from Mr Richard Proctor, who unfortunately was unable to attend this evening’s meeting:-

 

“The submitted site plan shows plot 1 having its own private driveway entering directly onto North Moor Road Scotter. This is on a bend and a location where numerous accidents have previously occurred. This access point should be refused to protect road users and support casualty reduction.

Although the development will no longer have vehicles exiting by reversing onto North Moor Road as previously proposed, it still does not deal with the problem that the road will become busier and potentially more dangerous with circa another 100 vehicles entering what is an identified road casualty hotspot regularly patrolled by the Lincolnshire Road Safety Partnership and Community Speed Watch Team.

The sole exit point for vehicles will be close to the rounded corner from Messingham Road which allows vehicles to maintain and easily accelerate their speed along Northmoor Road. This issue needs to be considered in the context of the additional proposed residential development taking place on the east side of Northmoor Road with another estimated 100 vehicles expected to at some point in the future entering onto Northmoor Road and the impact that may have on congestion and road safety”.

The Chairman thanked the Democratic Services Officer and then invited Councillor Lesley Rollings to address the Committee as the Local Ward Member:-

“The developer appears to give the impression that the opportunity to create a public footpath to and from the site exists which we understand is unachievable.

The planning application documents mention a 1.8m wide footway to join existing footways, but a resident who is one of the objectors listed above owns the land to the kerb and is unwilling to sell his land for the footway to be constructed.  This is a significant issue.

Therefore, if the intention is to provide a tactile crossing near the exit of the development to the other side of North Moor Road this will be in close proximity to a dangerous junction. This junction often has speeding vehicles at varying times of the day and witnesses report seeing vehicles straying over the white lines and travelling in excess of the 30 miles per hour speed limit. 

If the tactile crossing is where we understand to be sited there will need to be another such crossing established so pedestrians can cross back over to the other side of the road, so they can have uninterrupted access to the village. This will be close to the junction situated on the corner of Northmoor Road with its junction onto Messingham Road, Scotter which from our lived experiences is an extremely busy junction where both cars and HGV vehicles travel across on a frequent basis.

Hence there is still no evidence provided in this application to demonstrate how pedestrians some of whom are highly likely to be children can safely walk from the site into the village centre where the school and other amenities are situated. This is a serious matter and needs to be addressed as the Local Authority has a statutory responsibility under section 39 of the 1988 Road Traffic Act to take steps to reduce and prevent Road Traffic accidents.

We recognise that the proposed site for development is identified as such in the current Scotter Neighbourhood Plan following a democratic process informed upon by the local Scotter community.

This Plan locally elected politicians promised us was a document that would protect our rights as citizens in influencing how the development would be designed and constructed including the size and scale of the permitted development.

The Neighbourhood Plan clearly identifies the size, scale and shape of the plot which corresponds with that as originally granted in the outline planning consent. However, despite this being in place the developers as detailed in the site investigation report which is attached to this application are intent on a phase 2 development of the site where they are seeking to extend the site boundary so as to build additional properties beyond that as approved in the outline planning consent and in direct contradiction of the Neighbourhood Plan. The planning application to do so is currently under the consideration under reference no. 144062.

If this is permitted, then it makes the Neighbourhood Plan “a worthless piece of paper” in direct contradiction to the wishes of the local community and an attack on democracy.

We plead as residents that there is strict adherence to the Neighbourhood Plan where any plans to extend the site is refused. As locally elected councillors who are accountable to the local community you have a responsibility to uphold our rights as impacted residents and ensure that there is no further “mission creep” by extending the size and scale of the site.

The Amended Preliminary Drainage Layout indicates the existing foul sewer is to be diverted as it crosses the proposed development area. It states this sewer currently connects to 75 dwellings upstream.  Local residents inclusive of ourselves have experienced sewerage seeping into our gardens and driveways after heavy rain fall.

The proposed application states although it will have a steeper gradient, it is assumed that the flow rate, including output from the new houses, of 5.6 l/s is easily managed by the existing capacity of 10.71. However, existing households within close proximity of this development which currently link into this sewer already have problems with the existing flow rate of only 3.5 l/s with sewage seeping into driveways and gardens after heavy rain. 

As identified, this application to develop this proposed site has significant issues of concern and I urge you in the interests of the local community that you refuse this application for the reasons provided.  Thank you.”

The Chairman thanked Councillor Rollings for her contribution and invited the Planning Officer to respond to the points made by the speakers.

 

Referring to what has been called the phase 2, the Planning Officer reported that this application was currently a live application with the Local Planning Authority (LPA) and relates to an extension of the site to the west but is not relevant to the application being considered this evening.

 

With regard to the vehicle access points, they were all set in stone at the outline permission stage.

 

In terms of the footpath, conditions were recommended by the Highways Authority.  These included a footpath to the playing field and also a footpath and tactile crossing, if required, towards the Cross Road junction.  The LPA was aware of the land ownership issue and it was likely that a footpath with a tactile crossing would be required to go on to the side of the road.  It was confirmed that North Moor Road was subject to a 30mph limit.

 

In terms of drainage, the scheme arrangements had been accepted by the Lead Local Flood Authority.  The site would connect to the main sewer for foul water, which was the preferred option in accordance with national guidance.  This would require consent from the relevant water authority, who would also be responsible for showing that that system was capable of accepting additional waste into it, and would need to make improvements if necessary.  With regard to flooding, there is a floor level condition on the outline permission which has to be adhered to.  In terms of the bungalow at the end of the development, this was a slightly bigger bungalow (0.5 metres higher) but it was nearly 13 metres from the shared boundary.

 

Having heard the comments of the Planning Officer, the Chairman then opened up the application for debate by the Committee.

 

A number of Members were concerned about the foul drainage disposal arrangements, citing previous problems in the area.  Comments were additionally made about whether the LPA were responsible for connectivity to the existing mains sewer and ensuring the existing mains sewer has capacity.  Concerns over the access to plot 1 closest to the playing field on a blind bend was a concern as North Moor Road was not a safe road with vehicles speeding. Sympathise with speaker in term of height of proposed dwelling adjacent his boundary.  Site is known to flood.  Like more information on affordable aspect of site.

 

The Committee was reminded that the principle of the development had already been accepted when the outline application had been approved and that the issue of the disposal of foul drainage was a matter for the developer and the water authority, which had a statutory obligation to ensure that there was adequate capacity for its disposal. 

 

Whilst Members appreciated this position they nevertheless were of the view that prior to reaching any firm conclusion a site visit would be appropriate in this case in order to gain a fuller understanding of all the issues raised at this meeting.  Accordingly, it was proposed and seconded that a site visit should take place and upon being put to the vote this proposition was carried unanimously.  It was therefore

RESOLVED that this application be deferred to enable a site visit to take place for the reasons outlined above.