Agenda item

The Chairman introduced the first application of the evening, application number 146645, for the removal of existing dwelling and the erection of a 1no. 1.5 storey dwelling and 5no. bungalows at 77 Ryland Road, Welton, Lincoln. The Committee was advised that the development of unallocated sites was not prohibited, the site in question was not allocated green space and with respect to drainage, the site was in Flood Zone 1, with a low probability of flooding. With no updates to the published the report, the Development Management Officer proceeded with a presentation to Committee.

 

The Chairman stated there were two registered speakers, and invited the first, Mr Matthew Turner, Agent for the Applicant, to address the Committee.

 

Mr Turner highlighted that the application had been developed through working closely with the Planning Department and was fully compliant with all relevant policies. He stated the proposal would provide high quality dwellings, would be a move to carbon net zero and increase biodiversity in the area. He highlighted the site to be within the existing footprint of the residential area, being surrounded on all sides, and stated this to be preferable to extending into the open countryside. Mr Turner brought attention to the fact that all technical matters had been addressed with no objections raised by statutory consultees. He confirmed that the applicant was happy to meet all proposed conditions. He concluded his statement by highlighting that all requirements were met within the application and requesting Members to accept the Officer recommendation to grant planning permission.

 

The Chairman thanked Mr Turner and invited the second registered speaker, Mr Andy Bailey, to address the Committee.

 

Mr Bailey, speaking in objection to the application, thanked the Chairman and Committee and stated his background as a Chartered Environmentalist, with over 20 years experience in the field. He noted he had submitted his concerns regarding flooding in the area. Mr Bailey stated that the proposed development would increase the run off of surface water in surrounding areas and increase the level of surface water flooding. He stated that the applicant had not provided adequate information to show that the area would not flood, nor that surface water flooding would not be increased in surrounding areas. He requested for the application to be refused.

 

The Chairman thanked Mr Bailey and invited responses from the Officers. The Development Management Team Leader drew attention to proposed condition number seven, which required that a drainage scheme be submitted for the written approval of West Lindsey as planning authority. This should demonstrate adjacent land would not be adversely impacted.

 

Members of the Committee debated at length the risk of surface water flooding on neighbouring land, and how this could be impacted by the proposed development. It was reiterated that a suitable drainage scheme must be in place for the development to progress, and this was a condition of the recommendation to grant permission. Members of the Committee were sympathetic to the difficulties experienced in the area, whilst recognising there had been no objections raised by statutory consultees such as the Highways Agency.

 

In relation to biodiversity, Members enquired as to how existing wildlife, such as hedgehogs, could be protected within the site. Members were directed to condition 12, and it was suggested that information relating to hedgehog runs could be incorporated in the condition. Following further discussion, it was concluded that an informative on the decision notice would be appropriate rather than by way of a new condition.

 

The proposal being for bungalows was also noted and welcomed.

 

With debate regarding wildlife and flooding concerns having reached a conclusion, no further comments from the Committee, and having been proposed and seconded, the Chairman took the vote. With a majority vote 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 the results of the single bat emergence survey as recommended in Section 4.2 of the Preliminary Ecological Appraisal by KJ Ecology Ltd dated August 2023 have been submitted to and in approved in writing by the Local Planning Authority. If bats are found to be present all works shall only proceed in full accordance with the Bat Mitigation Strategy and its recommendations submitted on 08/12/2023.

 

Reason: In the interests of protected species in accordance with policies S60 and S61 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.

 

3.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 25/10/2023 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.

 

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.

 

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 in accordance with Policies S47 and S53 of the Central Lincolnshire Local Plan 2023.

 

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

 

5.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 and any other document forming part of the application:

·         Existing Site Plan with Location Plan LDC4016-PL-01 B received 11/08/2023;

·         Proposed Site Plan LDC4016-PL-02- C received 29/09/2023;

·         Plots 1 and 2 Plans and Elevations LDC4016- PL-03 D received 25/10/2023;

·         Plots 3 & 4 Plans and Elevations LDC4016- PL-04 B received 25/10/2023;

·         Plots 5 and 6 Plans and Elevations LDC4016-Pl- 05 B received 25/10/2023

 

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

6.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 LDC4016-PL-02- C, received 29/09/2023.

 

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.

 

7. No development other than to foundation level shall take place until full details of foul and surface water drainage (including the results of percolation tests) 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 2023.

 

8. No development, other than to foundations level, shall take place until details of all external facing materials and proposed boundary treatments to be used in the dwellings and within the site hereby approved have been submitted to and approved in writing by the local planning authority. The development shall proceed only in accordance with the approved details.

 

Reason: In the interests of visual amenity to accord with policy S53 of the Central Lincolnshire Local Plan 2023 and Policy D1 of the Welton NP.

 

9. The development hereby permitted shall be carried out in full accordance with the details set out in the submitted Energy Statement by Lincs Design Consultancy received 25/10/2023 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.

 

10.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.

 

Reason: To ensure the use of appropriate materials to safeguard the character and appearance of the area in accordance with the NPPF and Policies S53 of the Central Lincolnshire Local Plan 2023 and Policy D1 of the Welton Neighbourhood Plan.

 

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

·         Section 4.2 of the Preliminary Ecology Appraisal and Biodiversity Net Gain Assessment by KJ Ecology dated August 2023.

 

Reason: To ensure that the development proceeds in accordance with the recommended ecological enhancements in accordance with Policy S60 of the Central Lincolnshire Local Plan and Sections 12 and 15 of the National Planning Policy Framework.

 

12. No development shall take place above foundation level until a scheme of ecological enhancements including the provision of Bat and Bird boxes within the site, have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To protect and enhance the biodiversity value of the site to accord with the National Planning Policy Framework and Policies S60 and S61 of the Central Lincolnshire Local Plan and policy D1 of the Welton Neighbourhood Plan.

 

13. 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 2023.

 

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

 

14.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) no domestic oil tanks or domestic gas tanks shall be placed within the curtilage of the dwelling herby approved.

 

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