Agenda item

The Chairman introduced the first application of the evening, application number 146729, to raise the ground to 5.90m AOD and increase the width and depth of the existing pond at 33 West Bank, Saxilby, Lincoln. The Planning Officer confirmed there was no update to the published report and presented a summary of the application.

The Chairman thanked the Officer for his presentation and advised the Committee there were four registered speakers. He invited the first speaker, Mr Giles Kirk, applicant, to address the Committee.

Mr Kirk stated that his comments from the previous meeting still stood. He highlighted that the road had been repaired and was due to be resurfaced. He had met with Anglian Water regarding the tanker movements, and highlighted that the vehicles used for his application would be lighter than those used by Anglian Water. He also highlighted that the work was proposed to take place in summer months, meaning the issues with mud and surface water flooding would be less restrictive than in winter months. Mr Kirk explained they had been working on the site for some time, and had not been leaving mud on the roads, nor would they. He stated they took pride in what they were doing and as an additional mitigation, there would be wheel washing facilities on site. He summarised the measures they were putting in place to alleviate concerns, such as additional drainage measures, and highlighted that there had been no objections from the statutory consultees. He thanked the Committee for their time and requested approval based on the key facts of the application.

The Chairman thanked Mr Kirk and invited Mrs Anita Buchanan, the first of the registered objectors, to address the Committee.

Mrs Buchanan reiterated concerns regarding the damage to the road, highlighting it was the only point of access to the homes of residents along West Bank. She explained that there had been no permanent repairs to the road and the only way to avoid bigger issues was to stop the heavy vehicle movements on the road. She highlighted the damage that had been done to the grass verges and the banks, stating that the road and verges would not be able to cope with additional vehicle movements. She accepted she could not argue with the experts, but expressed her own experience, and that of other residents, seeking to prevent further problems on their road.

The Chairman thanked Mrs Buchanan and invited the second registered objector to address the Committee. It was noted that the speaker subsequently withdrew his request to speak. The Chairman invited Councillor J. Brockway, Ward Member, to address the Committee.

Councillor Brockway stated that she wished to correct statements she had made at the previous meeting which had proven to be incorrect. Firstly, She had stated the land had been marsh land, based on ordnance survey maps of old, however, subsequent research had shown there were also maps that did not show it as marsh land, it had not been a permanent feature of the land. Secondly, she had said the land was a flood plain, she corrected that statement to recognise it had never been designated as a flood plain. Thirdly, she corrected her statement that flooding along West Bank was caused by surface run off, stating that in fact there were water pipes that did not have a ‘non-return flap’ meaning the water flowed both ways. Councillor Brockway explained that Anglian Water now had a piece of equipment that dealt with ammonia levels and she hoped her residents would gain confidence from the conditions put in place the protect them.

The Chairman thanked Councillor Brockway for her corrections and invited any response from Officers. Members heard that since the previous meeting, Officer had revisited the matter with the Highways Agency, and based on the traffic management plan it was confirmed that movement numbers were acceptable and they were satisfied.

Note:              Councillor D. Dobbie left the room at 6.55pm and returned at 6.56pm

Members of the Committee enquired as to the protection of wildlife, to which it was confirmed that the construction methodology would be submitted and reviewed by Lincolnshire Wildlife Trust amongst others to ascertain whether it was suitable. Those who had attended the site visit highlighted it had been very informative, and whilst residents had raised understandable concerns, it had been made clear by the statutory consultees that there were no objections to the proposals. On this basis, the Officer recommendation was proposed and seconded.

On taking the vote, it was agreed that planning permission be GRANTED subject to the following conditions.

Conditions stating the time by which the development must be commenced:

1. The development hereby permitted must 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 must take place until details of the material used to raise the land levels have been submitted to and approved in writing by the Local Planning Authority. The material must be a clean inert material and appropriately certificated as contaminant free. The infilling of the site must be completed using the approved material.

Reason: To ensure that material brought onto the site is appropriate and will not contaminate the site to accord with the National Planning Policy Framework and local policy S56 of the Central Lincolnshire Local Plan 2023.

3. No development must take place until the following details have been submitted to and approved in writing by the Local Planning Authority:

·         Position and type of reptile refugia

·         Position and type of hedgehog refugia

·         Construction methodology for the protection of hedgehogs and other mammals

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and local policy S60 and S61 of the Central Lincolnshire Local Plan 2023.

4. No development must take place until a 30-year Biodiversity Net Gain Management and Maintenance plan has been submitted to and approved in writing by the Local Planning Authority. The development must be completed in strict accordance with the approved Management and Maintenance plan.

Reason: To ensure the biodiversity net gain measures are maintained for a 30-year period to accord with the National Planning Policy Framework and local policy S60 and S61of 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 must be carried out in accordance with the following proposed drawings:

·         A1/L01 Rev G dated May 2023 – Site Plan, Land Sections, Pond Sections and Land Drainage Details

The land levels must not be raised any higher than 5.90 metres Above Ordnance Datum as identified on the plan listed above and all other works must 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, local policy S53 of the Central Lincolnshire Local Plan 2023 and Policy 2 of the Saxilby with Ingleby Neighbourhood Plan.

6. The development must be completed in strict accordance with the surface water land drainage scheme identified in Technical Note 01 (RLC/1183/TN01) by Roy Lobley Consulting dated 19th December 2023. The approved scheme must be maintained and retained as such thereafter.

Reason: To ensure adequate drainage facilities are provided to serve the development to reduce the risk of flooding and to prevent the pollution of the water environment to accord with the National Planning Policy Framework and local policy S21 of the Central Lincolnshire Local Plan 2023.

7. The development hereby approved must be completed in strict accordance with Traffic Management Plan received 12th December 2023.

Reason: To manage the routing of traffic and delivery of earth to the site to accord with the National Planning Policy Framework, local policy S47 of the Central Lincolnshire Local Plan 2023 and Policy 17 of the Saxilby with Ingleby Neighbourhood Plan.

8. Apart from the biodiversity measures listed in condition 4 of this permission, the development hereby approved must only be carried out in accordance with the recommendations set out in section 4.3 and the landscape specification (excluding hedgehog refugia) set out in appendix 4 of the Preliminary Ecological Appraisal by CBE Consulting dated 4th December 2023.

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and local policy S60 and S61of the Central Lincolnshire Local Plan 2023.

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

NONE