Agenda item

The Committee then gave consideration to the first application on the agenda, number 147672, seeking planning approval for up to 100 dwellings on land at Sykes Lane, Saxilby. The Officer presented the Committee with an update to the recommendation for the application in question; he clarified that the amended recommendation would contain the addition of ‘public open space’ as part of the Section 106 legal agreement.

 

The Officer presented an overview of the application, explaining that the although the entirety of the site was allocated for the development of 134 dwellings, as indicated in the Central Lincolnshire Local Plan (CLLP); the density of the development was less, with the proposal of 100 dwellings. It was outlined that the reasoning given was a Landscape Visual Statement had been submitted with what the developer thought would be acceptable on the site itself.

 

The Chairman stated that there were two registered speakers, and invited the first, Cllr Hillman, as Parish Councillor, to address the Committee.

 

Cllr Hillman explained that on 30 January 2024, Saxilby with Ingelby Parish Council facilitated a meeting with residents in relation to the application, with over 50 concerned villagers in attendance. She outlined that a longstanding concern over Saxilby’s infrastructure and growth was repeatedly raised; with similar concerns being raised earlier in 2017 regarding earlier developments in the area. She continued to explain that the north of the village was overdeveloped, with 363 dwellings built in the last seven years. With the addition of the proposed development, the Councillor explained that there had been little consideration to the capacity of the area’s infrastructure, alongside concerns regarding traffic; sewerage; flooding; lack of school places; and availability of doctor’s appointments. She continued to explain the Parish Council’s concerns in relation to the future capacity of the A57 Mill Lane junction had been acknowledged in the Officer’s report, however, due to the junction’s frequent use by residents as well as commuters, traffic queues would build up in the surrounding area. It was explained that a sum of £125,424, which had been proposed for purchasing bus passes for residents to reduce car usage, was unrealistic and unacceptable, due to the lack of bus service available, and the residents’ preference for car usage.

 

Cllr Hillman explained that following a meeting with the Developer in April 2024, the Parish Council had requested from the Council that £350,000 of S106 funding to be allocated to accessible facilities in the community, namely, a dog exercise area, allotments, and improving existing play facilities; furthermore, she indicated that Saxilby with Ingelby Parish Council would apply for Neighbourhood Funding from West Lindsey District Council towards a children’s play area on Westcroft Green. The Councillor explained that after discussion with the Developer, Local Equipped Area for Play (LEAP) funding would be available for play equipment off site. The Councillor reaffirmed that the Parish Council believed the proposed development would be more acceptable if S106 funding was allocated to building a play area, and a dog exercise area, on Westcroft Green.

 

The Chair thanked Cllr Hillman for her comments, and invited the second registered speaker, Robert Doughty, Agent for Applicant, to address the Committee.

 

Mr Doughty outlined that the application site was located on a field that had been less productive due to its size and topography. The Agent confirmed how the land was allocated for residential development as part of the CLLP in 2023; he outlined a range of considerations as part of the process involved in development, which informed the indicative layout featured in the application. He explained that the plan proposed a lower number of dwellings than indicated by the CLLP, due to the retention of certain features of the site. Mr Doughty had brought attention to how the scheme was supported by the usual reports and studies, notably including detail pertaining to transport, drainage, and ecology; furthermore, he highlighted the conclusion from the local flood authority, noting the positive impact the scheme would have on surface water drainage. The Agent then reaffirmed Cllr Hillman’s comments, explaining how the LEAP could be provided for Westcroft Green, subject to the Council’s consideration. Finally, he requested support for the Officer recommendation to be approved.

 

The Chair thanked Mr Doughty and asked for any Officer response. In relation to Cllr Hillman’s earlier comments, the Officer referred to an email received from the Parish Council which referred to community benefit. This could not be delivered as the purpose of Section 106 contributions was primarily to mitigate the impact of unacceptable development. Having considered this, the Council felt the Parish Council’s plans would not meet the S106 requirements. The Officer also reminded the Committee that the play area details must be agreed as part of the legal agreement, in order for the S106 to be signed.

 

A Member of the Committee noted that the report appeared to lack comments from the local Members; this was later addressed by the Officer, who explained that Members had been given to the opportunity to comment but chose not to.

 

A Member raised traffic congestion concerns regarding the roads into Saxilby, highlighting his surprise that the Highways Agency had deemed the proposal appropriate, considering the volume of commuter traffic; this was reiterated by other Members, with suggestions that money could be spent to help alleviate the congestion. The Member proposed a site visit during morning rush hour for the Committee to observe the levels of traffic congestion in the area. In response, to these comments, the Officer confirmed that the Highways Agency had deemed the traffic levels appropriate at the Mill Lane junction, with the Development Management Team Manager later adding that traffic levels would be taken up to maximum capacity with this development. After reaffirming the traffic congestion concerns, a Member of the Committee outlined his support for the development site plan and moved the recommendation outlined in the report.

 

Another Member of the Committee enquired about the 20% of affordable housing included as part of the development, with concerns that the proposed dwellings would disproportionately benefit middle class commuter families. The Member also raised a question how the Community Infrastructure Levy (CIL) would be allocated, and how much the Parish Council would receive. The Development Management Team Manager responded by explaining that the 20% allocation for affordable housing was in line with the current NPPF, and that the Parish Council will receive CIL monies, due to existence of their Neighbourhood Plan, in addition to the developer’s proposal.

 

Echoing one of Cllr Hillman’s earlier comments, concerns were raised by a Member that the Developer’s plans to provide approximately £125,000 towards Saxilby’s residents’ bus passes was wasteful and could be better allocated elsewhere. It was clarified that the money would not meet the tests for reasonableness, therefore the sum had not been requested by the Council. It was added that in addition to the £2,300 of S106 funding for speed limit operations and signage works in the area, the Council had requested a frontage footway to connect to the existing footway on Sykes Lane, details of which would be outlined in the S106 agreement.

 

The Chairman summarised that there had been two proposals, one for a site visit and one for the Officer recommendation, seeking a seconder for either proposal. A Member of the Committee duly seconded the motion to approve the Officer recommendation. The Legal Advisor sought confirmation that the amendment to the recommendation had been noted and both the proposing and seconding Members were content with the amended recommendation. With this confirmed, the Chairman took the vote and it was

 

RESOLVED that approval to GRANT planning permission be delegated back to Officers subject to the completion of a Section 106 agreement which provided:

 

Education

A contribution of up to £594,405 to be paid on completion of 50% of the development to increase primary school capacity.

 

NHS

A contribution of up to £63,250 on completion of 50% of the dwellings in order to have contributed to the extension of existing medical facilities at the Glebe Practice and Trent Valley Surgery.

 

Affordable Housing

20% of the dwellings to be delivered as affordable housing.

The tenure split to be:

25% First Homes;

15% Shared Ownership and 60% Affordable Rent.

 

Highway Safety

£2300 for speed limit alterations and signage works on Sykes Lane and Church Lane Frontage.

Footway connected to existing footway on Sykes Lane (with details subject to agreement).

 

Custom / Self Build Housing

For 5 custom / self-build plots

 

Public Open Space

 

and imposition of the following conditions:

 

1. Apart from the five self-build plots an application for approval of the reserved matters for the remaining 95 dwellings must be made to the Local Planning Authority before the expiration of three years from the date of this permission. No commencement of the five self-build plots must occur until the reserved matters for the self-build plots are approved.

 

Reason: To conform with Section 92 (2) of the Town and Country Planning Act 1990 (as amended).

 

2. No development must take place until, plans and particulars of the means of access to the highway, appearance, layout and scale of the building(s) to be erected and the landscaping of the site (hereinafter called “the reserved matters”) have been submitted to and approved in writing by the Local Planning Authority, and the development must be carried out in accordance with those details.

Reason: The application is in outline only and the Local Planning Authority wishes to ensure that these details which have not yet been submitted are appropriate for the locality.

 

3.The development hereby permitted must be begun before the expiration of two years from the date of final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

 

Reason: To conform with Section 92 (2) of the Town and Country Planning Act 1990 (as amended).

 

4. The reserved matters planning application submitted to the Local Planning Authority considering access, landscaping, layout, scale and appearance must demonstrate that it reflects the proposed site plan drawing no. 1032-3-OO-SP01 and the Arboricultural Impact Assessment prepared by Ecological Services Ltd dated October 2023.

 

Reason: This formed part of the consideration to allow a lower density and grant approval.

 

5.The reserved matters planning application submitted to the Local Planning Authority considering layout, scale and appearance must be accompanied by an Energy Statement to accord with the requirements of local policy S6 and S7 of the Central Lincolnshire Local Plan 2023. The development must thereafter proceed only in accordance with the agreed Energy Statement, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to ensure efficient buildings and reduce energy consumption, to accord with the National Planning Policy Framework and policies S6 and S7 of the Central Lincolnshire Local Plan 2023.

 

6. No development shall take place until a Construction Management Plan and Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Plan and Statement shall include:

 

·         the phasing of the development to include access construction

·         the routes of construction traffic to and from the site

·         the on-site parking of all vehicles of site operatives and visitors;

·         the on-site loading and unloading of all plant and materials.

·         the on-site storage of all plant and materials

·         Measures to control the emission of noise, dust and dirt during construction

·         Wheel Wash Facilities

 

Reason: In the interests of highway safety and to restrict disruption to the living conditions of neighbouring dwellings and the surrounding area from noise, dust and vibration in accordance with policies S47 and S53 of the Central Lincolnshire Local Plan.

 

7. No development must take place a Travel Plan has been submitted to, and approved in writing by, the Local Planning Authority. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation must be implemented in accordance with the timetable contained therein and must continue to be implemented for as long as any part of the development is occupied.

 

Reason: In order that the permitted development conforms to the requirements of the National Planning Policy Framework, by ensuring that access to the site is sustainable and that there is a reduced dependency on the private car for journeys to and from the development to accord with the National Planning Policy Framework, and policy S47 of the Central Lincolnshire Local Plan 2023

 

8. No development shall commence until a surface water and foul water drainage scheme has been submitted to and approved in writing by the Local Planning Authority

 

The scheme shall:

·         be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development.

·         provide flood exceedance routing for storm event greater than 1 in 100 year.

·         provide details of how run-off will be safely conveyed and attenuated during storms upto and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site.

·         provide attenuation details and discharge rates which shall be restricted to an agreed greenfield run off rate.

·         provide details of the timetable for and any phasing of implementation for the drainage scheme; and

·         provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the

·         operation of the drainage system throughout its lifetime.

 

No dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full, in accordance with the approved details.

 

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, or upstream in accordance with policy S21 of the Central Lincolnshire Local Plan.

 

9. No development shall take place until a written Habitat Management and Maintenance Plan [HMMP] in accordance with the Biodiversity Net Gain Statement dated January 2024 and prepared by Luke Hartley has been submitted to and approved in writing by the Local Planning Authority. The HMMP shall relate to all ‘significant’ biodiversity gains on site and must be strictly adhered to and implemented in full for a minimum of 30 years following completion of the development. The HMMP must contain the following:

 

a. a non-technical summary.

b. the roles and responsibilities of the people or organisation(s) delivering/monitoring the [HMMP].

c. the details of funding, resources and mechanisms for long term delivery of the [HMMP].

d. the planned habitat creation and enhancement works to create or improve habitat.

i. Explanation as to how climate change models (RCP 8.5) have impacted management, species selection and/or provenance of woody species.

ii. Explanation as to how soil sampling has impacted creation/enhancement of grassland habitats or any habitat creation on previous arable/contaminated land.

iii. Explanation of how Hydrological surveys have impacted the creation and species selection of SUD features

iv. Explanation habitat creation/enhancement has included micro-topologies to maximise ecological niches.

v. Explanation as to the selection of donor site for green hay and/or choice of seed mixes

vi. Explanation/specification as to any protected/notable species, mitigation, compensation and enhancement methods (such as the inclusion of beetle banks, wildlife towers, Hibernacula) within public open space.

e. the management measures to maintain habitat for a period of 30 years from the completion of development.

i. Explanations as to how minimum intervention management techniques have been prioritised.

ii. Explanation as to frequency and method of grass cutting (where grazing is not used) ensuring nutrient level and ecological niches are managed appropriately.

iii. Explanation as to how management allows for creation/maintenance of quality overwintering habitat.

iv. Explanation as to how mosaic features within each habitat type will be supported whilst ensuring habitat definitions are maintained for the 30-year period.

v. Explanation of methods employed to reduce/mitigate local scale anthropogenic risks (for example tree guards or restricting access)

f) the monitoring methodology and frequency in respect of the retained, created and/or enhanced habitat to be submitted to the local planning authority for years 1, 3, 5, 10, 15, 20, 25 and 30 following the completion of the development.

g) Reports to the Local Planning Authority should use the Natural England HMMP Monitoring report template (Word) supplemented with either an updated Statutory Metric showing gains to date or Natural England HMMP Monitoring report template (Excel). Geostamped Photo evidence must also be provided.

All reports must be submitted no later than September 1st on each reporting year

h) the mechanisms of adaptive management and remedial measures to account for changes in the work schedule to achieve required targets.

(Applicants are advised to use the Natural England HMMP Template found at https://publications.naturalengland.org.uk/publication/5813530037846016)

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with policy S61 of the Central Lincolnshire Local Plan.

 

10. No development shall take place on the site until a Construction Environmental Management Plan in accordance with the Arboricultural Impact Assessment dated October 2023 has been submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of protecting biodiversity and the existing landscape character of the site in accordance with policies S53 and S60 of the Central Lincolnshire Local Plan.

 

11. Development on the site shall be in full accordance with the Flood Risk Assessment, in particular the finished floor level of the dwellings is not less than 8.15m AOD.

 

Reason: To reduce flood risk in accordance with policy S21 of the Central Lincolnshire Local Plan.

 

12. Prior to completion of development details of 3 passing places on Church Lane must be submitted to and approved in writing by the Local Planning Authority . Evidence of completion of the approved works must be submitted to and approved in writing by the local Planning Authority prior to occupation of any dwellings on the site.

 

Reason: In the interests of Highway Safety in accordance with policy S47 of the Central Lincolnshire Local Plan

 

13.Before any dwelling is occupied, all of that part of the estate road and associated footways that forms the junction with the main road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

 

Reason: In the interests of highway safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels in accordance with policies S47 and S53 of the Central Lincolnshire Local Plan.

 

14. Before any dwelling is occupied it must have a rain harvesting water butt of a minimum 100 litre capacity within its garden area.

 

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