Agenda item

The Committee heard from the Development Management Team Leader regarding planning application number 00420, seeking permission for the construction of a specialist 65-bedroom dementia care home (Use Class C2) together with associated car and cycle parking, structural landscaping and amenity space provision, being a variation of conditions 3 and 6 of planning permission 145433 granted 10 February 2023, to allow shorter footpath link to serve the approved care home, on land to the North of 40 Lodge Lane, Nettleham. It was explained that further correspondence had been received from the agents for the applicant, stating that the provision of a footpath was not included in the original plans and there was no requirement for connectivity from the care home to the rugby club. The Officer also noted that the speed limit for a section of road detailed in the report was 40mph not 60mph as stated in the report. Additionally, he highlighted to Members that the only aspect of the application under consideration was the variation of the two stated conditions, numbers three and six.

Following a short presentation from the Officer, the Chairman invited the only registered speaker, Councillor Angela White, Nettleham Parish Council, to address the Committee.

Councillor White stated the objections of the Parish Council to the removal of the condition. She highlighted the importance of a footpath, with the road in questions being unsafe for pedestrians. She stated the lack of streetlighting, the liability of the road to flooding, meaning pedestrians walked in the road to avoid large puddles, and the current use of the road by residents and visitors to the area as being proof that a footpath was very much needed. She stated that by her measurements, the length of required pathway in question was less than 100m, with the given distance of 226m being the total length including existing footpaths. Having provided photographs to be shown to Committee Members, Councillor White noted the proximity of the entrance to a bridleway, which was frequently used by walkers, as well as demonstrating the length of the unpathed section of road. She requested that the Committee support local residents and retain the requirement for the footpath to be made.

The Chairman thanked Councillor White and invited a response from Officers. It was highlighted that there would be a pavement from the care home into the village, providing a safe route for care home staff, residents and visitors, and Members were reminded of the tests for appropriateness of conditions.

On inviting comments from Committee Members, there was general understanding of the concerns from the Parish Council and residents. Members requested to be shown the photographs of the area again, seeking to confirm the location of the footpath and how it would interact with the development. A Member of the Committee highlighted the specific objections from the Highways Agency, noting that the Committee had a duty to take professional opinions into account. On that basis, it was proposed that the variation to conditions be refused.

The Development Management Team Manager clarified the six tests for appropriateness of conditions, with Members confirming their understanding and assurance that the conditions did meet those six tests.

Having been seconded, the Chairman took the vote and it was unanimously agreed that permission be REFUSED on the basis that the 1.8m wide footway was necessary to ensure residents had a well-designed, safe and convenient access to existing infrastructure and the wider network. The condition was therefore necessary, reasonable and relevant to ensure that the proposed development was compliant with policy S48 of the Central Lincolnshire Local Plan, and policy D2 of the Nettleham Neighbourhood Plan which required integration and connection with the existing network and rights of way.