Agenda item

The Vice Chairman, in the Chair (Chairman), introduced the first application of the meeting, item 6(a), application number 146685, for the erection of 6no. detached bungalow dwellings & associated garages on land to the South of Legsby Road, Market Rasen.

 

This was an application deferred from the 1 November 2023 Planning Committee meeting for a site visit to be held. The Case Officer informed Members of an amended site plan with a revised footpath. Members heard the definitive right of way path would require an entirely separate application regardless of the decision made by the Committee.

 

There had been surface water flooding on the northern part of the site, which gave a medium risk of surface water flooding. This was supplemented by a submitted indicative drainage strategy and for a swale and five soakaways. The Officer further explained the Building Control team would assess this and the planned drainage would capture surface water from the dwellings and the road. The Senior Development Management Officer gave a short presentation about the application and highlighted the submitted designs.

 

The Chairman informed the Committee that there were four registered speakers and statement, and invited the first registered speaker, the agent for the application, Mr Daniel Hyde to address the Committee.

 

Mr Hyde explained that the planning application proposed four dwellings in a low-density scheme, complying with local policies and including a flood risk assessment. The approval was expected to enhance the area. In his statement, the agent stated that a previous application in 2020 proposed five dwellings and established the principle of development on the site. The eventual approved application moved from five dwellings to four due to development issues and proximity to the open countryside. Members learned that this was a low density scheme, with 11 dwellings per hectare, which was lower than nearby housing schemes of similar designs. The agent asserted the approved scheme in 2020 should form part of the decision-making process.

 

The agent explained that there was no adverse impact on the nearby appearance and residential amenity. The submitted designs were to create a sense of place in these proposed dwellings. The agent stated that the submitted application complied with local policies, and a newly commissioned ecological study had been uploaded. The submitted application was expected to achieve a 30% net gain in habitable conditions.

 

The agent described the current situation, which included the public footpath and an undesigned pond. The footpath currently moved to the east and shared access to the road leading to the site. Members learned that there were resubmitted plans for the hedge and that the registered right of way would still need further formal consultation and a decision outside this application. The agent stated the hedge on the site's western side would be retained for the most part, with only a small amount of the northern part removed to enable access.

 

He emphasised that the boundary and ownership of the site were not part of the consideration of the local planning authority, and specifically for the planning committee. The agent then stated the legal plans showed these were in full ownership of the applicant, and adjacent residents did not own the hedge and footpath. Moving to drainage, the agent detailed a flood risk assessment submitted with the application and highlighted no technical consultees objected to the plans. These plans included removing the existing land drainage scheme and implementing soakaways. The agent asserted that the approval of the application would address the ponding issue, as the proposed drainage system had been designed to manage water flow effectively, prevent future ponding, and potentially stop issues being caused.

 

In concluding his statement, the agent stated Lincolnshire County Council highways had not objected to this application, the visibility splays were sufficient, and the submitted application would enhance the area.

 

The Chairman thanked the speaker for his statement, and invited the first registered objector, Mr John Norburn, to address the Committee. The speaker made the following statement.

 

“When the original outline planning application was proposed I objected to the use of the public footpath within the site plan as it is clearly defined on the site layout plan 267/B/2 drawn by Hugh Bourn Development (Wragby) Ltd. I informed the planning department then, that the public footpath was on The Ridings and not owned by the applicant since vendor Mrs Wilson as part of the agricultural access. Please show photograph A. This site layout drawing by Hugh Bourn clearly shows that the Public footpath was routed along the back of plots 1,2,9,10 and 11, on his land.

 

The drawing shows that a  two  metre  wide  public  footpath  is  within the  then  existing  boundary  hedge  and  is  shown  to  be  on  these plots,  there  are  lines  dividing  the  plots  which  are  drawn  beyond the  fence  line  right  up  to  the  boundary  hedge(as  every  plot  was shown  on  the  plan  to  be)  clearly  indicating  that  the  footpath  is on  land  owned  by  these  plots. Please show photograph B. The drawing was altered by amendment A to reflect this. Please show photograph C. My wife and myself are now the legal owners of Plot 1 The Ridings and photograph C is taken from the original conveyance deeds to a Mr and Mrs Fullam in 1987. This clearly States that all of plot number 1 The Ridings was conveyed.

 

West Lindsey District Council in 1987 passed a Public Path Diversion Order to relocate the footpath number 162 at the behest of Hugh Bourn and the footpath was duly moved to its current position, clearly on land that he owned at that time as he had to pay for the movement of the path. I have submitted to the Land Registry to correct the boundary line mistake shown between our properties. I have sent copies of Hugh Bourn’s site layout plan, the Public Path (Diversion) Order and the relevant part of the original title deeds of plot 1 The Ridings as proof of ownership of the land beneath the Public Footpath. I have received an email today from the Land Registry stating that they are looking further into the matter.

 

Please show photograph D. The planning officer at the site meeting told the councillors attending that only a small amount of hedge was going to be removed. In fact, the developers want to remove 20 metres. I question if this is a small amount. Hedges save wildlife, improve our mental health and are physically vital features of the landscape. They are essential refuges and corridors for wildlife, they improve the quality of our air by capturing carbon, therefore a loss of biodiversity if removed. This is a native hedge of blackthorn and hawthorn and should not be removed.

 

I would prefer to see that the common shared native hedge be retained as is, and the developers replace the missing native hedge down to Legsby road. This would provide a safety barrier separating the public using the footpath from vehicles on the proposed road and would also stop vehicles from pulling up onto the footpath. The developer has now produced a visibility splay for his proposed road, which I understand shows the sight line, which was said by the planning officer at the site meeting, has to be for 43 metres. Please show photograph E.

 

We need to look at the visibility splay shown on the Ridings site layout plan, for vehicles leaving the Ridings and entering Legsby Road. Vehicles waiting at the exit of the proposed road will obscure The Ridings visibility splay within the 43 metres sight line.  Surely this needs to be looked at further. Please show photograph F.

 

The Ridings and Legsby Road are now reasonably busy roads with The Ridings now being used as a rat run for traffic including school buses, articulated lorries, and agricultural vehicles. We also have the road being narrowed when the racecourse has races on, with vehicles being parked down both sides of the road. The blue car on the top left is waiting to exit from the Ridings and is looking at the verge where the visibility splays.

 

Students are dropped off and picked up at the start and end of the school day, which can create a number of vehicles being parked up in the area. We have vehicles parked regularly for 20/30 minutes in the afternoon. There is also a pedestrian gate with students crossing Legsby Road walking home away from the school. New developments are already both underway and proposed further down Legsby road which will cause even more traffic.

 

There have been many photographs submitted both during the outline planning application and in the planning application before you, concerning the amount of water that floods the area that they propose to build on. The Indicative drainage Plan 1323/004 Issue A still needs updating to match the latest site plan, the soakaways are now shown but only take stormwater from the building roofs, and the top part of the roadway is shown to drain towards a ditch.”

 

The Chairman thanked the speaker for his statement. He stated that the allocated five minutes for the objector slot had been filled, which meant the statement scheduled to be read would not be. The Chairman invited the final registered speaker, Councillor Moira Westley, Local Ward Member, to address the Committee.

 

In her statement, Councillor Westley expressed this submitted application was an overdevelopment of the site. She stated that the surface and sewage water drainage along the north side of the development would run into a ditch. Councillor Westley expressed concerns about the responsibility of the ditch and drainage and asserted that the ditch overflow would run into a pre-existing neighbouring dwelling. This was a small development, with every aspect needing further context. The nearby dyke was not big enough to cope with the increased water runoff.

 

Councillor Westley emphasised that with more significant effects from climate change, all local planning authorities should mitigate more extreme weather, and further lobbying to central government was necessary. The previously used one in 100 year flooding event was becoming more frequent.

 

Moving to the public right of way, Councillor Westley expressed that residents had provided evidence showing the neighbouring properties were within two metres of the existing hedgerow and proposed entrance to the site. She asked the Committee to accept the evidence and keep the grass public right of way. She then explained that Andrew Pickwell of Lincolnshire County Council had removed his objection about the public path diversion.

 

In concluding her statement, Councillor Westley stated the developer needed to include a footpath into the site from the roadway adjacent to the existing public right of way, which would narrow the access to the site. She emphasised the flooding issues and said the Planning Committee should leave the planning approval to the previously permitted development.

 

The Chairman thanked Councillor Westley for her statement and invited a response from the Planning Officers. In his response, the Development Management Team Manager explained that the Committee and, more broadly, the Local Planning Authority should refrain from debating land ownership, as the necessary checks had satisfied the process. Though at a close junction, the visibility splays were sufficient, and Lincolnshire County Council Highways identified no safety issues with the previous application.

 

Regarding flooding issues, the Officer stated that sequential tests were required in Flood Zone 1 and said the Environment Agency did recognise surface water flooding regularly occurred. The role of planning was not to increase the risk of flooding elsewhere but to ensure dwellings were protected from flooding. The Officer explained there were issues with drainage at the site, and the applicant had submitted a positive drainage strategy. Officers looked at whether submitted applications improved the situation.

 

Note:               Councillor D. Dobbie left the Chamber at 6.56 PM. He returned at 6.58 PM.

 

The Senior Development Management Officer further explained that most of the hedgerows were to remain in place, and the formal footpath diversion was a separate process after considering the application. Members heard that the impact on wildlife was positive, with a 30% net gain, with a minimum required 10% net gain to satisfy the required conditions. A condition for a management plan and ongoing maintenance of the foul and surface water drainage was possible. The Officer highlighted the issue’s potential significance in future planning applications for small application sites following legal requirement changes in April 2024.

 

The Chairman thanked the Officers for their responses and invited comments from Members of the Committee. In response to queries about flooding and drainage, Members heard that the application submitted had an indicative drainage strategy with foul water being dealt with by soakaway positions. The technical specifications were to come from the Building Control team.

 

The Committee also learned the flood risk assessment showed positive infiltration, and any development would not start until further consultation with the consultees on the specific designs. The drainage strategy was indicative, and Members were reminded they could add additional details on the maintenance of the swales and soakaways by amending the conditions.

 

In reply to a similar set of queries about protecting bungalow plots from flooding, the Senior Development Management Officer explained the lowest part of the site gave a slight rise of 20 to 30 cm in the change of the landscape. There was a condition to manage the surface water drainage.

 

The Officer detailed that Flood Zone 1 was to ensure positive drainage on the site, with the flood risk assessment considering climate change in dealing with any surface water problem. Members learned the purpose of the drainage strategy was to stop the water flow and ensure the water goes to a safe point.

 

Members were reminded the legal tests were for an application to mitigate itself and address issues specific to the site. The statutory consultees were satisfied the legal tests could be achieved, and the details would be reviewed before development. This included mitigation on the site, with pre-commencement conditions that addressed on-site flooding and did not cause flooding elsewhere. The Committee heard this meant development would only occur if the statutory consultees were content with the further submitted details.

 

In an answer to a separate question about the town’s planning policies, Members learned Market Rasen Town Council was not preparing a local plan for planning applications. A Member of the Committee also reminded the Committee about the issues with refusing an application on limited policy grounds.

 

During the discussion, several Members expressed they preferred further information on the drainage to be checked and agreed to before any development. This discussion further led to amending condition 2 in the Officer’s report and including further details on the maintenance requirements before any development commences.

 

Having been proposed and seconded, the Chairman took the vote, and it was agreed by majority vote that permission be GRANTED subject to the following amended 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: 

 

1.      No development shall take place until a scheme of foul and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following:

 

•        Full details of locations, technical specifications and capacity of the proposed swale and soakaways;

•        Percolation testing to ensure appropriate infiltration into the ground can be achieved to reduce the risk of surface water flooding;

•        Full details to ensure the proper disposal of foul sewage, including the connects to the nearest public sewer; and

•        Management plan to ensure the on-going management to prevent the swale becoming ineffective, including expected frequency of inspections and the response in the instance of either a flooding event or failure of the existing drainage system; and 

•        Topographical details to show existing and proposed ground levels. 

 

The approved details shall thereafter be implemented and maintained in strict accordance the approved details. 

 

Reason: To ensure appropriate foul sewage and surface water drainage in accordance with the National Planning Policy Framework and Policy S21 of the Central Lincolnshire Local Plan.

 

2.      Prior to the commencement of construction works on any dwelling, including footings being commenced, a scheme shall be agreed in writing with the Local Planning Authority relating to the verification of the post-construction energy performance of the dwelling(s) to be constructed under this permission, including a mechanism for the provision of the verification to individual home owners. The approved scheme shall be implemented in full, including mechanisms by which any shortfall in performance against the updated Energy Statement received 13^th September 2023 will be mitigated.

 

Reason: To ensure that the development takes place in accordance with the approved details and in accordance with the provisions of Policies S6 and S7 of the Central Lincolnshire Local Plan (2023).

 

3.       Prior to the commencement of the development, a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. This shall include the following details:

 

•       Details of the size, species, planting arrangement and position of all trees, hedgerows and other vegetation to be planted in accordance with the details in the submitted Preliminary Ecology Appraisal and Biodiversity Net Gain Assessment and Biodiversity Metric 4.0 Calculation dated August 2023. 

 

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 Policies S53, S60 and S61 of the Central Lincolnshire Local Plan and Sections 12 and 15 of the National Planning Policy Framework.

 

4.      No development hereby permitted shall take place unless a Construction Method Statement has been submitted to, and approved by, the Local Planning Authority. The statement shall include the following: 

 

•       Construction working hours; 

•       Measures for the routing and parking of construction related traffic; 

•       Indicate areas for the loading and unloading of materials; 

•       Measures to prevent the obstruction of the Public Right of Way during construction;

 

The development shall thereafter be undertaken in accordance with the approved Method Statement. 

 

Reason: In order to minimise the disruption that may arise through the construction period to residential amenities, and to ensure that the Public Right of Way is not unduly obstructed, in accordance with Policies S47 and S49 of the Central Lincolnshire Local Plan.

 

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

 

5.      The scheme referred to in Condition 3 shall also include a specification of solar panels to demonstrate the total energy output outlined in the submitted Energy Statement and on the submitted Site Plan 1323/003 REV B, received 15^th August 2023. 

 

Reason: To ensure that the development takes place in accordance with the approved details and in accordance with the provisions of Policies S6 and S7 of the Central Lincolnshire Local Plan (2023).

 

6.      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: 1323-005, 1323-006, 1323-007, 1323-008, 1323009, 1323-010 and 1323-0011 received, 23^rd May 2023 and 1323/003 REV B received 15^th August 2023. 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 Policy S53 of the Central Lincolnshire Local Plan.

 

7.      The development must be completed in strict accordance with the external materials listed on the application form received, 29^th August 2023.

 

Reason: To ensure the use of appropriate materials to accord with the National Planning Policy Framework and Policy S53 of the Central Lincolnshire Local Plan. 

 

8.      No development shall take place on Plot 6 unless a formal diversion order for footpath 162 has been granted by virtue of Section 119 of the Highways Act 1980 or Section 257 of the Town and Country Planning Act 1990. 

 

Reason: To ensure that the proposed development protects and enhances the existing Public Right of Way (Footpath 162) and that the existing route does not have a detrimental impact on residential amenity to accord with Policy S53 of the Central Lincolnshire Local Plan and the National Planning Policy Framework. 

 

9.      The development hereby permitted shall be undertaken in accordance with the recommendations in Section 5 and 6 of the submitted Flood Risk Assessment received, 30^th June 2023. 

 

Reason: To ensure that the development does not result in an unacceptable impact on flood risk in accordance with Policy S21 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

 

10.   The development hereby permitted shall be carried out in accordance with the details set out in the updated Energy Statement received 13^th April 2023 unless otherwise agreed in writing by the Local Planning Authority.  

 

Reason: To ensure that the development takes place in accordance with the approved details and in accordance with the provisions of Policies S6 and S7 of the Central Lincolnshire Local Plan (2023).

 

11.   No services shall be laid within the development for the provision of piped natural gas.

Reason: In the interests of energy efficiency to accord with Policies S6 and S7 of the Central Lincolnshire Local Plan (Adopted 2023).

 

12.   The development hereby permitted shall be undertaken in accordance with the mitigation and enhancements in the following ecological documents:

 

• Preliminary Ecology Appraisal and Biodiversity Net Gain Assessment and dated August 2023

 

Reason: To ensure that a landscaping scheme to enhance the development is provided in accordance with Policy S60 of the Central Lincolnshire Local Plan and Sections 12 and 15 of the National Planning Policy Framework.

 

13.   Any site clearance or works to vegetation should be undertaken outside of the bird nesting season (March to August) unless otherwise given the all clear by a suitably qualified professional and subsequently agreed in writing with the Local Planning Authority. 

 

Reason: In the interests of protecting biodiversity and protected species in accordance with Policy S60 of the Central Lincolnshire Local Plan and Section 15 of the National Planning Policy Framework. 

 

14.   Prior to their installation details of the external appearance of all doors and garage doors including materials and finish shall be submitted to and agreed in writing with the Local Planning Authority. The development thereafter shall be undertaken in strict accordance with the approved details. 

 

Reason: To ensure that the development does not have an unacceptable impact on the character and appearance of the area in accordance with the National Planning Policy Framework and Policy S53 of the Central Lincolnshire Local Plan. 

 

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

 

15.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and reenacting that Order with or without modification) no domestic oil tanks or domestic gas tanks shall be placed within the curtilage of the dwelling(s) herby approved.

Reason: In the interests of energy efficiency to accord with Policies S6 and S7 of the Central Lincolnshire Local Plan (Adopted 2023).