Agenda item

The Chair introduced application 147233, to erect two dwellings with garages including installation of a private driveway. The Planning Officer confirmed there was no update to the published report and presented a summary of the application. He highlighted the proposed application site and explained the only part of the site that was in the conservation area was the existing driveway. The Chair thanked the Officer for his presentation and advised the Committee there were four registered speakers present.

 

Councillor Mander explained that the Local Plan was out of date and members should consider this a material planning matter. Where there was no relevant plan or policies, members should consider policy 11 as advised by the Planning Advisory Service and LGA. He urged members to consider his advice and expressed his belief that the application would have a negative impact on the area.

 

Mr David Nelstrop, the applicant, thanked members for attending the site visit and explained the scheme had taken 18 months and he had engaged with the Planning team throughout the process for pre-application advice and other planning matters. The scheme was revised following comments received from Officers. The site would preserve heritage assets and the tree officer had been consulted and was satisfied there would be no impact on the environment.

 

Mrs Michelle Sheppard addressed the Committee and explained trees with tree preservation orders (TPOs) had been cleared from the site over time and there were no records of their removal. She explained the application was detrimental to the character of the area.

 

Mr Lee Wright raised concerns regarding the monitoring of planning conditions and the reliance on members of the public to bring issues to the Council’s attention. He considered the application to be unacceptable and it was not supported by the Parish Council or resident community.

 

The Development Management Team Manager responded to comments and advised the Committee that the Local Plan was adopted in 2023, so not out of date, and the NPPF “Presumption in favour of Sustainable Development” was not engaged. He advised members the correct test was set out in the Officers Report, which is to refer to the most recent policy where there is a conflict, which here is the Central Lincolnshire Local Plan. The Development Management Team Leader explained there were no trees being removed as part of the application and the Tree Officer had addressed this in their report to members.

 

Members enquired if they could increase the capacity of the rainwater harvesting butt as detailed in condition 18 and asked when the TPOs were enforced. Members were asked to refer to the Tree Officer comments in the report. The Development Management Team Manager explained the condition was for a minimum of 100 litres, so a greater capacity could be obtained.

 

On taking the vote, it was agreed that planning permission be GRANTED subject to 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 (CMP) has been submitted to, and approved in writing by, the local planning authority. Construction shall be carried out in accordance with the approved CMP at all times. The CMP shall include the following matters:

a) Details of construction access.

b) Loading and unloading of plant and materials

c) Storage of plant and materials

d)Programme of works. No works on the site, including works of preparation prior to building operations, shall take place other than between the hours of 08:00 and 18:00 Monday to Friday and 08:00 to 13:00 Saturdays and at no time on Sundays or Bank or Public Holidays Page 33

e) Details of proposed means of dust suppression and noise mitigation.

f) Details of measures to prevent mud from vehicles leaving the site during construction.

g) Monitoring and review mechanisms.

 

Reason: in order to reduce noise and disturbance to existing housing in accordance with policy S53 of the Central Lincolnshire Local Plan.

 

3. No development shall take place until a written scheme of archaeological works consisting of archaeological monitoring and recording of all groundworks has been submitted to and approved in writing by the local planning authority. This scheme shall include the following

1. An assessment of significance and proposed mitigation strategy (i.e. preservation by record, preservation in situ or a mix of these elements).

2. A methodology and timetable of site investigation and recording.

3. Provision for site analysis.

4. Provision for publication and dissemination of analysis and records.

5. Provision for archive deposition.

6. Nomination of a competent person/organisation to undertake the work.

The scheme is to be in accordance with the Lincolnshire Archaeological Handbook.

 

Reason: In order to facilitate the appropriate monitoring arrangements and to ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with policy S57 of the Central Lincolnshire Local Plan. Specifically, development may have an impact on medieval archaeology.

 

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

 

4. The Local Planning Authority shall be notified in writing of the intention to commence the archaeological investigations in accordance with the approved written scheme referred to in condition 3 at least 14 days before the said commencement. No variation shall take place without prior written consent of the local planning authority.

 

Reason: In order to facilitate the appropriate monitoring arrangements and to ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with policy S57 of the Central Lincolnshire Local Plan. Specifically, the development does have the potential to disturb medieval archaeology.

 

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 drawings:

Proposed Site Layout Drawing No. A1-02 Rev A

Site Layout (showing tree protection measures) Drawing No. A1-02 Rev B

Plot 1 Proposals (including floor plans and elevations) Drawing No. A1-03

Plot 2 Proposals (including floor plans and elevations) Drawing No. A1-04

Energy Statement dated August 2023

The 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: In the interests of proper planning.

 

6. The driveways of the dwellings shall be constructed of porous materials and retained as such thereafter.

 

Reason: In the interests of appropriate surface water disposal in accordance with policy S12 of the Central Lincolnshire Local Plan.

 

7. No works above ground level must take place until details of a scheme for the disposal of surface water (including any necessary soakaway/percolation tests) from the site and a plan identifying connectivity and their position has been submitted to and approved in writing by the local planning authority.

 

Reason: To ensure adequate drainage facilities are provided to serve the dwellings, to reduce the risk of flooding and to accord with the National Planning Policy Framework and policy S21 of the Central Lincolnshire Local Plan.

 

8. No work above existing ground level must take place until details of all external facing materials for the approved buildings and materials to be used for the access drive have been submitted to and approved in writing by the local planning authority. Work shall subsequently be carried out in accordance with the approved details.

 

Reason: In the interests of securing a satisfactory visual appearance in proximity to Heritage Assets in accordance with policies S53 and S57 of the Central Lincolnshire Local Plan.

 

9. No work above existing ground level shall take place until a until a one metre squared sample panel of the proposed brickwork and bond has been erected on site and approved in writing by the local planning authority. Once approved, it must remain on site for the duration of the development.

Reason: In the interests of securing a satisfactory visual appearance in proximity to Heritage Assets in accordance with policies S53 and S57 of the Central Lincolnshire Local Plan

 

10. Prior to installation, drawings to a scale of 1:20 fully detailing the new windows, doors, surrounds, headers, and sills shall be approved in writing by the Local Planning Authority and installed completely in accordance with the approval.

 

Reason: In the interests of securing a satisfactory visual appearance in proximity to Heritage Assets in accordance with policies S53 and S57 of the Central Lincolnshire Local Plan

 

11. No construction works above ground level must take place until details of a soft landscape scheme to enhance the biodiversity value of the site have been submitted to and approved in writing by the local planning authority.

 

Reason: To enhance the biodiversity value of the site in accordance with policy S60 of the Central Lincolnshire Local Plan.

 

12. The archaeological site work shall be undertaken only in full accordance with the written scheme required by condition 3

 

Reason: In order to facilitate the appropriate monitoring arrangements and to ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with policy S57 of the Central Lincolnshire Local Plan. Specifically, the development does have the potential to disturb medieval archaeology.

 

13. Following the archaeological site work referred to in condition 12 a written report of the findings of the work shall be submitted to and approved in writing by the local planning authority within 3 months of the said site work being completed.

 

Reason: In order to facilitate the appropriate monitoring arrangements and to ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with policy S57 of the Central Lincolnshire Local Plan. Specifically, the development does have the potential to disturb medieval archaeology.

 

14. The report referred to in condition 13 and any artefactual evidence recovered from the site shall be deposited within 3 months of the archaeological site work being completed in accordance with a methodology and in a location to be agreed in writing by the local planning authority.

 

Reason: In order to facilitate the appropriate monitoring arrangements and to ensure the satisfactory archaeological investigation and retrieval of archaeological finds in accordance with policy S57 of the Central Lincolnshire Local Plan. Specifically, the development does have the potential to disturb medieval archaeology.

 

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

 

15. All planting, comprised in the approved details of landscaping referred to in condition 11 shall be carried out in the first planting and seeding season following the occupation of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed, or

become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

 

Reason: To ensure there is appropriate landscaping in place and to provide bio diversity enhancement in accordance with policies S53 and S60 of the Central Lincolnshire Local Plan.

 

16. Notwithstanding the provisions of Classes A, AA, B, C, D, and E of Schedule 2 Part 1 and Class A of Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015, or any Order revoking and re-enacting that Order, the buildings hereby permitted shall not be altered or extended, no new windows shall be inserted, and no buildings or structures shall be erected or gates, walls or fences unless planning permission has first been granted by the Local Planning Authority.

 

Reason: To enable any such proposals to be assessed in terms of their impact on the character and appearance of the buildings and their surroundings in proximity to heritage assets and to avoid adverse impacts on existing neighbours in accordance with policies S53 and S57 of the Central Lincolnshire Local Plan.

 

17. The hereby approved dwellings shall not be occupied until the approved surface water drainage scheme referred to in condition 7 for the development have been completed in full and maintained thereafter.

 

Reason: To ensure adequate drainage facilities are provided to serve the dwellings, to reduce the risk of flooding and to accord with the National Planning Policy Framework and policy S21 of the Central Lincolnshire Local Plan.

 

18. Prior to occupation of the approved dwellings evidence must be submitted to the local planning authority that a rainwater harvesting butt of a minimum 100 litres has been installed.

 

Reason: In the interests of sustainable water management in accordance with policy S12 of the Central Lincolnshire Local Plan.

 

19. Prior to occupation of the approved dwellings a written verification statement shall be submitted to demonstrate that the approved scheme has been implemented in full, in accordance with the submitted Energy Statement dated August 2023 and approved in writing by the 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).

 

20. 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 hereby approved.

 

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