Minutes:
The Committee then heard details of the next application, number 145253, seeking permission to erect 196 dwellings and associated infrastructure, drainage, and open space, on land south of the A631, Hemswell Cliff. The Officer clarified an update to the recommendation, before giving a short presentation to the Committee.
He explained that the Council’s own independent assessment concluded that it was not viable for the scheme to make full policy compliance on infrastructure, and after negotiations with the Developer, an additional £100,000 had been offered towards infrastructure, initially towards secondary education. However, as alternative funding was available to the local education authority through CIL funding, it was instead proposed that the money would be used to make a full £124,000 contribution towards the National Health Service. It was recommended that it was delegated to Officers to finalise negotiations with the Developer for any outstanding contribution money (£38,000) to be used against another area of infrastructure shortfall.
The Chairman stated that there was one registered speaker for the application, and invited Fiona Beddoes, Applicant, to address the Committee.
As Land Manager for Gleeson Homes, she explained that they provided affordable and high-quality homes which provided a range of benefits, and specialised in entry-level housing, particularly for first time buyers. She added that the proposed development would generate income into the area, supporting a more sustainable and regenerated local community, highlighting how few workers in the local business park lived in the local area, due to the lack of affordable housing. It was explained that the Parish Council supported the development, particularly as it would potentially secure the ongoing use of the local primary school.
The Applicant added that no objections had been raised by statutory consultees in relation to several areas. She continued that Gleeson Homes had worked with the Planning Officers to achieve an acceptable scheme, with provisions such as an improved footway along the southern boundary of the A631, with an uncontrolled tactile crossing, along with a Local Area of Play. It was also outlined that biodiversity net gain would exceed the 10% requirement. She then reiterated the Officer’s earlier update, adding that Gleeson Homes would provide the full contribution towards National Health Service facilities, as well as other improvements and infrastructure contributions.
The Chair thanked the Applicant and asked for any Officer response, to which the Officer added that the Parish Council had expressed a desire for a puffin crossing as part of the development, which had not been set as a requirement by the Highways Agency, nor had it been proposed by the Developer. The lack of a proposed puffin crossing was raised later in the discussion with Members, with concerns raised about people’s safety crossing the road from the infants’ school.
Two Members praised the proposed development for its affordable housing, and the potentially positive impact on increased local employment and sustainability in the community in uncertain times. Due to potential future change, a Member welcomed the possibility of refreshing the viability appraisal after two years, and proposed the recommendation outlined in the report. The heritage and community of Hemswell Cliff was praised by another Member, who emphasised how the proposed development could be positive for the regeneration of the area.
At several points in the discussion Members of the Committee expressed concern at the proximity of the children’s play area to the surface water balancing areas, enquiring about the depth of the water, and whether adequate fencing would be provided to protect the children. An Officer responded, explaining that details in relation to this were part of the legal agreement, which had yet to be agreed between the Developer and the Council. The safety concerns were later highlighted by the Officer, who clarified that an amendment would be added to the recommendation in terms of the open space to include the security arrangements, including fencing for the Locally Equipped Area of Play.
The Chair and Legal Advisor sought confirmation that the two amendments 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 deferred and delegated to officers subject to the completion of a section 106 legal agreement that would deliver:
· a contribution of £123,970.00 towards medical services
· the extension and upgrading of the footway to a to the south of the A631 to a minimum width of 1.8m from Lancaster Green to Dog Kennel road
· the provision of an uncontrolled tactile crossing point to connect to the existing footway on the northern side of the A631 at Gibraltar Road and Capper Avenue and details of the composition, management and maintenance of public open space, including security measures in the vicinity of proposed attenuation areas and ponds and the specification of the proposed Locally Equipped Area of Play and to allow officers to agree with the Applicants the use of the remaining £38.015 offered towards other infrastructure.
If a start on site had not occurred within 2 years of the granting of permission, the viability assessment must be reviewed, and if it showed that contributions towards affordable housing and medical facilities would be viable, they must be made in accordance with details to be agreed.
and imposition of the following planning conditions:
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).
2. 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 Page
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.
3. No development shall take place until a written Habitat Management and Maintenance Plan [HMMP] in accordance with the [Ecological Impact Assessment (EcIA)] dated [June 2022] and prepared by [SLR] is 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 double that of the minimum requirement which was afforded positive weight in the determination of the application.
4. 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:
· Planning Layout Drawing No. 21-770-03 Rev H 23.09.24
· Landscape Plan Drawing No. WL-01 Rev F 03.04.24
· Urban 201 House Type Drawing No. 21-201-U-0001 C02:
· Urban 202 House Type Drawing No. 21-202-U-0001 C02;
· Urban 250 House Type Drawing No. 21-250 -U -001 C01;
· Urban 252 House Type drawing no. 21-252-U-0001 C01:
· Urban 301 House Type drawing no. 21-301-U-0001 C02;
· Urban 303 House Type drawing no. 21-303 -U-0001 C02;
· Urban 304 House Type drawing no. 21-304-U-0001 C02:
· Urban 311 House Type drawing no. 21-311-U-0001 C02;
· Urban 313 House Type drawing no. 21-313-U-0001 C02 Page 108
· Urban 314 House Type drawing no. 21-314-U-0001 C02.
· Urban 340 House Type drawing no. 21-340-U-0001 C02.
· Urban 350 House Type drawing no. 21-350-U-0001 C01:
· Urban 360 House Type drawing no. 21-360-U-0001 C01.
· Urban 401 House Type drawing no. 21-401 -U-0001 C02.
· Urban 403 House Type drawing no. 21-403-U-0001 C02:
· Urban 435 House Type drawing no. 21-435-U-0001 C03.
· Urban 436 House Type drawing no. 21-436-U-0001 C02.
· Gable Front Sales Garage drawing no. EY -01-07 Rev D.
· 201/ 301 House Types Floor Plans and Elevations drawing no. No. 21-573-101.
· 202 House Type Floor Plans and Elevations drawing no. No. 21-573-108.
· 403 (OP) House Type- Floor Plans and Elevations drawing no. No. 21-573-119:
· 301/201 House Type- Floor Plans and Elevations drawing no. No. 21-573-102:
· 304 (OP) House Type- Floor Plans and Elevations drawing no. No. 21-573-111:
· 311 (OP) House Types Floor Plans and Elevations drawing no. No. 21-573-121.
· 314 (OP) House Type Floor Plans and Elevations drawing no. No. 21-573-113.
· 435 (OP) House Type- Floor Plans and Elevations drawing no. No. 21-573-117:
· 337 (OP) House Type- Floor Plans and Elevations drawing no. No. 21-573-115:
· 360 (AS) House Type- Floor Plans and Elevations drawing no. No. 21-573-100:
· 313/340 (OP) House Type- Floor Plans and Elevations drawing no. No. 21-574-125:
· 401 (OP) House Type- Floor Plans and Elevations drawing no. No. 21-573-107:
· 436 (OP) House Type- Floor Plans and Elevations drawing no. No. 21-573-121:
· 1800mm high close boarded timber fence drawing no. SD-100.
· 600mm high post and wire fence drawing no. SD-103.
· Detached Single Garage drawing no. SD1700.
· Detached Double Garage drawing no. SD1701.
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: To ensure the development proceeds in accordance with the approved plans in the interests of proper planning.
5. No construction works above ground level must take place until details of the proposed walling and roofing materials and all external hard surfaces have been submitted to and approved in writing by the Local Planning Authority. It shall thereafter be implemented in full accordance with the approved details.
Reason: To ensure a satisfactory visual appearance in accordance with policy S53 of the Central Lincolnshire Local Plan
6. The permitted development shall be undertaken in accordance with an Estate Road Phasing and Completion Plan, which shall first be approved in writing by the Local Planning Authority. The Plan shall set out how the construction of the development will be phased and standards to which the estate roads on each phase will be completed during the construction period of the development.
Reason: To ensure that a safe and suitable standard of vehicular and pedestrian access is provided for residents throughout the construction period of the development in accordance with policy S47 of the Central Lincolnshire Local Plan.
7. The development hereby permitted shall be carried out in full accordance with the details set out in the Noise Assessment prepared by Spectrum Acoustic Consultants dated 02/08/2022 in particular pages 11 and 12 which identify the specification for sound insulation to achieve acceptable internal noise levels within the dwellings and mitigation to achieve acceptable noise levels in outdoor amenity spaces. These must be in place prior to occupation of the dwellings identified.
Reason: To ensure an acceptable level of noise mitigation from the A631 within the hereby approved dwellings and in outdoor amenity areas in accordance with policy S53 of the Central Lincolnshire Local Plan.
8. The development hereby permitted shall be carried out in full accordance with the Ecological Impact Assessment prepared by SLR Consulting dated 02/08/2024 in particular the required mitigation measures identified in section 5.
Reason: In the interests of Biodiversity protection in accordance with policy S60 of the Central Lincolnshire Local Plan.
9. 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 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.
10. The permitted development shall not be occupied until those parts of the approved Travel Plan that are identified therein as being capable of implementation before occupation shall be implemented in accordance with the timetable contained therein and shall 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
11. All planting comprised in the approved details of landscaping shown on drawing number WL-01 Rev H dated 23.09. 2024.shall be carried out in the first planting and seeding season following the occupation of the dwelling 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: In the interests of the visual amenity of the area and to provide biodiversity enhancements in accordance with policies S53, S60 and S61 of the Central Lincolnshire Local Plan (adopted April 2023)
12. Prior to occupation of any dwelling they must each have a rain harvesting water butt of a minimum 100 litre capacity in place.
Reason: In the interests of water efficiency in accordance with policy S12 of the Central Lincolnshire Local Plan.
13. No dwelling shall be occupied before evidence has been submitted to and approved in writing by the local planning authority that Anglian Water has capacity to treat foul drainage from the site.
Reason: Anglian Water in their response to the application stated they had no capacity to treat foul drainage from the development and in accordance with policy S21 of the Central Lincolnshire Local Plan.
Supporting documents: