Agenda item

Minutes:

The Senior Development Management Officer explained to Members that the site was allocated for residential development within policy S80 of the Central Lincolnshire Local Plan under reference WL/NHAM/034. This allocation included an indicative housing figure of 68 dwellings and noted that the site already had planning permission. Outline planning permission had been granted for 68 dwellings in 2017, followed by the approval of the associated reserved matters application in 2018. Since the original outline planning permission, additional permission for minor residential development had been granted, which had increased the total dwelling numbers on the site by 12, bringing the total to 80 dwellings. The Officer clarified the site overlapped with the red line boundary which was shown via presentation during the Committee, approved under the outline reserved matters, and standalone applications. As such, the proposal for 47 dwellings would largely take place on areas already permitted for housing development. A resolution to grant the planning application under consideration would result in a net increase of 27 dwellings on the site, as 20 dwellings would replace those granted under previous permissions. This would bring the overall total number of dwellings on the site to 107. It was noted that the applicant had commenced work on some of the dwellings.

 

The Chairman thanked the Officer for her presentation and stated that there were two registered speakers; the first speaker, Councillor White, as Chairman of Nettleham Parish Council, was invited to address the Committee.

 

Councillor White informed the Committee that the Nettleham Neighbourhood Plan was adopted on 4 November 2024, and the transfer of the allotment plan was currently with solicitors representing both parties. Members were reminded that this application was brought to the Planning Committee not only because of compliance with the Neighbourhood Plan but also due to concerns raised in the original objection submitted on 30 November 2023 under application reference 147514. These concerns included the increase in dwelling numbers from 68 to 107, whether all dwellings were on the original allocation, the mix and design of properties, and the increased flood risk.

 

Councillor White advised Members that while some of these issues were addressed by the 2024 Neighbourhood Plan, the Parish Council had no power to determine the number of properties, and it was noted that the examiner did not support any prescribed density. Concerns were raised regarding the pressures on local infrastructure, including the medical centre, traffic, and secondary school places, exacerbated by developments granted on appeal exceeding the allocations in the 2017 and 2023 Central Lincolnshire Local Plans.

 

She noted that the Committee were informed that amendments and variations since the initial application had resulted in changes, such as the absence of the originally proposed footpath and cycle path. Policy D4 of the 2024 Neighbourhood Plan, which set out design principles including grass verges and street trees, was highlighted, as was Policy D7, which specified a mix of one, two, and three-bedroom dwellings. It was noted that the application included 38 properties with 21 four-bedroom, 11 three-bedroom, and 6 two-bedroom starter homes, but only 12 affordable homes, and clarification was requested.

 

Councillor White also reminded Members of frequent flooding around the village outskirts, including sewage issues, and asked whether the drainage risk assessment for 38 properties submitted on 6 December 2024 fulfilled condition 6 of the application and the requirements of Policy D3 of the Neighbourhood Plan. Councillor White requested that this be checked and enforced.

 

Councillor White stated that should planning approval be granted, alignment with Policies D3, D4, and D7 of the 2024 Neighbourhood Plan be ensured. Councillor White reminded the Committee of the commitment for footpath and cycle paths, requested the inclusion of tree planting in the section 106 agreement to provide a visual buffer and enhance biodiversity, and queried the absence of a children's play area on the site. Finally, she asked whether this application represented the final extension within the original approval reference 131975 and whether the current number of dwellings aligned with the intentions of the original application for 68 dwellings.

 

The Chairman thanked Councillor White and welcomed the second speaker, Councillor Barrett as Ward Member to speak.

 

Councillor Barrett noted that, as a Ward Member, he had known the developer for approximately five years. He described the developer as a local builder, well-regarded in the Nettleham area, producing high-quality homes with well-maintained estates, as evidenced by the slides shown during the committee meeting.

 

Councillor Barrett acknowledged the substantial monetary contribution in the section 106 agreement, which would benefit education, local medical facilities, and affordable housing. He expressed appreciation for the Planning Officer's efforts on the application, acknowledging the difficulty of rejecting the proposal despite the complexities caused by approximately 39 changes and amendments to the original application for the 68-home estate.

 

Particular attention was drawn to planning amendment 202400548, referencing an outline application for 68 dwellings, including 10 affordable homes, open space provision, associated garages, infrastructure, and a footpath and cycleway link to Sudbrooke. This amendment related to condition 19 of planning permission 131975, granted on 14 May 2017, which committed to the creation of a cycleway.

 

Councillor Barrett emphasised that, despite this commitment made in 2017, the cycleway remained incomplete. He further noted recent amendments, including changes to the allotment, drainage and alterations to the footpath approved in December 2024, which extended the timeline for the cycleway’s completion. Councillor Barrett requested the Committee consider imposing a condition to ensure the cycleway was completed within the next 12 months, if feasible.

 

Note:              Councillor J Barrett left the Chamber at 7.03pm.

 

The Chairman thanked Councillor Barrett, then asked the Lead Officer if he had any further comments. The Lead Officer reminded Members that the site was allocated for housing, originally with an indicative capacity of 68 dwellings based on the 2017 application. Over time, amendments had increased this to 80 approved dwellings. The current application proposed changes mainly on the eastern side of the site, including reconfiguring large garden plots and adding another road section. It was explained that national policy supported making efficient use of land, and there were no strict density rules. The proposed 107 dwellings equated to 18.1 dwellings per hectare, which was consistent with what was expected for large villages. The Lead Officer noted that the site originally had a low density and had incrementally increased over time. The flood risk assessment confirmed the site was in Flood Zone 1 and had a drainage scheme capable of handling the increase in dwellings. The Officer also noted that while tree planting and land transfer proposals were desirable, they were not policy requirements. Finally, the Committee was reminded that the current scheme for 80 dwellings was already approved and could still be built if the application in question was not approved.

 

The Chairman thanked the Leader Officer and opened for Members to debate.

Councillors raised concerns regarding the undelivered cycle track to Sudbrooke, noting it was part of the original 2017 application and questioning what measures could ensure its completion. They highlighted the importance of the path for community connectivity and reducing reliance on motorised transport. Councillors expressed frustration over the extended timeline since the original application, citing delays and the high number of amendments. They emphasised the need for improved engagement with the community and parish council and raised concerns about the accessibility of neighbouring villages via footpaths and cycle paths.

 

Questions were raised about the alignment of the proposed larger properties with the area's identified need for affordable housing. Some Councillors suggested that smaller homes might represent a more efficient use of land in meeting local housing demands. The identification of affordable housing units in the plan was queried, with a request for greater clarity on their location and allocation. Concerns were voiced about garden sizes and the layout of the proposed one-bedroom quarter houses, particularly in terms of ensuring efficient land use.

 

Councillors also discussed the broader issue of developers' slow build-out rates and suggested that national policies should impose stricter timelines on large-scale developments to address these delays.

 

With no further comments or questions, and having been proposed, seconded and voted upon, planning permission was GRANTED subject to the singing of a S106 agreement and the 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:

 

  1. Prior to the commencement of the development, a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. This shall include the following details:

 

  • Details of the size, species, planting arrangement and position of all trees, hedgerows and other vegetation to be planted in accordance with the details in the submitted Preliminary Ecology Appraisal and Biodiversity Net Gain Report received 2nd November 2023.
  • Details of required ongoing management;

 

The development shall be carried out in accordance with the approved scheme.

 

Reason: To ensure that a landscaping scheme to enhance the development is provided in accordance with Policies S53, S60 and S61 of the Central Lincolnshire Local Plan and Sections 12 and 15 of the National Planning Policy Framework.

 

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

 

  1. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the drawings as listed on Drawing Schedule (Rev F) dated 27/11/2024

 

The works shall 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 and Policy S53 of the Central Lincolnshire Local Plan.

 

  1. The development must be completed in strict accordance with the external materials listed on the application form and on the submitted Materials Schedule received, 26th November 2024.

 

Reason: To ensure the use of appropriate materials to accord with the National Planning Policy Framework, Policy S53 of the Central Lincolnshire Local Plan and Policy D4 of the neighbourhood Plan.

 

5.    No development above damp-proof course level shall take place until a landscaping scheme has been submitted including details of the:

-       position, type and height of boundary treatments including where necessary the, size, species and density of all hedging to be planted; and,

-        surface materials for the access, private drive, parking areas and any other hard surfacing; have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that appropriate landscaping is introduced to help ameliorate the impact of the new dwelling on the character, appearance and rural setting of the site and in the interests of biodiversity to accord with the National Planning Policy Framework and Policies S53, S57 and S60 of the Central Lincolnshire Local Plan.

 

  1. The development hereby permitted shall be carried out in accordance with the mitigation measures outlined in Section 3 of the submitted Flood Risk Assessment, received 6th December 2023.

 

Reason: To prevent flooding and protect future residents to accord with the National Planning Policy Framework and local Policy S21 of the Central Lincolnshire Local Plan.

 

  1. The development hereby permitted shall be carried out in accordance with the details set out in the updated Energy Statement received 09/10/2024 unless otherwise agreed in writing by the Local 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).

 

8.    No dwelling hereby permitted shall be occupied unless a written verification statement has been provided to demonstrate that the approved scheme has been implemented in full, in accordance with the submitted Energy Statement dated 09/10/2024 and approved in writing by the local 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).

 

  1. The development hereby permitted shall only be carried out in strict accordance with the recommendations outlined in the submitted Preliminary Ecological Appraisal received, 2nd November 2023.

 

Reason: To ensure that the proposed development does not have an unacceptable impact on biodiversity to accord with S60 and S61 of the Central Lincolnshire Local Plan and Section 15 of the National Planning Policy Framework.

 

  1. The development shall proceed in strict accordance with the written scheme of archaeological investigation by Allen Archaeology Limited (approved under condition discharge approval 137462).

 

Reason: To ensure the preparation and implementation of an appropriate scheme of archaeological mitigation and in accordance with Policy S57 of the Central Lincolnshire Local Plan and the National Planning Policy Framework.

 

11.Prior to occupation of the approved dwelling, 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.

 

12.The dwellings hereby approved shall be constructed to ensure that the consumption of wholesome water by persons occupying the dwelling/s is in accordance with the Building Regulations Approved Document G, Requirement G2/Regulation 36 Optional Technical Requirement of 110 litres per person per day.

Reason: To minimise impacts on the water environment and to accord with Optional Technical Housing Standards to accord with Policies S12 and S53 of the Central Lincolnshire Local Plan (2023).

 

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

 

  1. 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(s) herby approved.

 

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

 

14.All planting, seeding or turfing comprised in the approved details of landscaping as required by condition 5 shall be carried out in the first planting and seeding season following the occupation of the building(s) 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 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 that an approved landscaping scheme is implemented in a speedy and diligent way and that initial plant losses are overcome, in the interests of the visual amenities of the locality and occupiers of adjacent buildings and in accordance with Policies S53, S60 and S61 of the Central Lincolnshire Local Plan.

 

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