Agenda item

The Committee was advised by the Officer that the application site comprised a large, modern agricultural building situated to the east of Nettleham. The site was surrounded by open countryside, with Ash Tree Farmhouse located to the west, alongside another large agricultural building.

 

The existing structure measured approximately 41 metres by 18.5 metres and had been constructed using a steel portal frame, with a corrugated sheet roof. A large sliding door was positioned on the south-east elevation, and a hardstanding yard area was located externally.

 

It was noted that prior approval had been granted on 20 October 2023 for the conversion of the existing agricultural building. This approval had permitted a change of use from agricultural to residential, comprising four smaller dwellings and one larger dwelling.

 

The current application sought full planning permission for the demolition of the agricultural building and the erection of five dwellings in its place.

 

The Chairman thanked the Officer for her presentation and stated there were two registered speakers for this application; the first, Councillor Angela White, as a representative for Nettleham Parish Council was invited to address the Committee.

 

The Committee received a statement from Councillor Angela White, Chair of Nettleham Parish Council, who addressed Members in objection to the application.

 

It was acknowledged that the Officer’s report had accepted the application as a departure from the development plan, specifically in relation to Policies S1 and S5 of the Central Lincolnshire Local Plan (April 2023), and Policy D6(3) of the Nettleham Neighbourhood Plan (November 2024). These policies had formed the principal grounds for objection by the Parish Council.

 

Reference was made to the prior approval granted under Part 3 Class Q for application 147245, which had permitted the change of use of the existing agricultural building to five dwellings. It was stated that the current proposal relied on the fallback position, supported by case law and local precedent.

 

Councillor White recalled attending a workshop in 2015 on Neighbourhood Plans and the Localism Act, during which the powers of local communities to influence development location and housing numbers had been discussed. It was remarked that such powers had since diminished.

 

Concern was expressed regarding the preparation of the November 2024 Nettleham Neighbourhood Plan, in which sites and housing numbers had been determined without consultation with residents, in contrast to the 2016 version which had involved public engagement.

 

Further reference was made to a government policy change in 2019, which had allowed affordable housing to be built on unallocated sites. This had resulted in the development of 35 properties on Baker Drive, which had not been anticipated by existing residents.

 

It was noted that no comments had been received from neighbouring properties, as the site was located outside the developed footprint of the village. The only adjacent properties were an upholstery business in a nearby barn and Ash Tree Farm, which had been constructed under agricultural ‘permitted development’ provisions.

 

Concerns were raised regarding highway safety. The site was accessed via a narrow single-track road from Sudbrooke, subject to a 60mph speed limit. The Parish Council had highlighted issues relating to traffic speed and volume, particularly from vehicles avoiding congestion on the A158. The road passed the entrance to Larch Avenue, which now served as the exit point for two new estates comprising over 100 properties, before reaching the junction with Lodge Lane where further traffic joined from the A158.

 

Although no objection had been raised by Lincolnshire County Council Highways, it was stated that traffic issues existed in the area and had the potential to worsen.

 

It was further noted that the provisions of Part 3 Class Q had been extended to allow up to ten properties since May 2025. It was suggested that the proposed development could act as a gateway to further development on the eastern side of the village.

 

In conclusion, Councillor White stated that local plans offered limited protection against further development. The Chairman thanked Councillor White for her comments, and invited the second speaker, Mr Michael Orridge, as Agent to take his seat.

 

The Committee received a statement from Mr Orridge, who spoke on behalf of the applicant in support of the application. Mr Orridge introduced himself as both the agent and architect for the proposal and provided an overview of the background, the improvements made, and the reasons why the current application represented a clear planning betterment compared to the existing Class Q permission.

 

It was explained that the site at Ash Tree Farm currently contained a large, modern agricultural shed. This building already benefited from prior approval under Class Q legislation for conversion into five dwellings, and that approval could be implemented at any time. However, Mr Orridge stated that such a conversion would result in residential units that were constrained in layout, visually harsh in appearance, and inefficient in terms of energy performance.

 

The current proposal sought to demolish the existing agricultural building and replace it with five purpose-built, low-energy homes. Mr Orridge emphasised that the new scheme would deliver improved design, enhanced sustainability, and a more appropriate relationship with the rural surroundings. These improvements were considered to align with the core aims of the Central Lincolnshire Local Plan.

 

The proposed layout was reported as being carefully developed to reflect the traditional pattern of farmyard clusters, as illustrated in the submitted plans. The five dwellings would be arranged around a shared courtyard, which would help to reduce the scale and form of the development in comparison to the existing barn.

 

The proposed materials included timber and concrete cladding, along with standing-seam metal roofing. These materials had been selected to reflect the character of local agricultural buildings while achieving a high architectural standard with refined detailing. It was noted that the timber would weather naturally to a grey tone, allowing the dwellings to integrate sensitively into the surrounding landscape. Mr Orridge described the scheme as a clear visual improvement in every respect.

 

The proposal was also presented as a significant environmental enhancement over the fallback position. Each dwelling would be highly energy efficient and would comply with Policy S7, which required dwellings to generate as much renewable energy as they consumed. The scheme included solar panels, air-source heat pumps, and a highly insulated building fabric. A whole-life carbon assessment had confirmed that the proposed development would perform better over a sixty-year period than the conversion of the existing concrete-framed structure.

 

Mr Orridge confirmed that all technical matters had been fully addressed. The site access had been upgraded in accordance with Lincolnshire County Council standards, and no objections had been raised by Lincolnshire County Council Highways. A ten percent biodiversity net gain would be delivered through on-site planting and habitat creation. The site was located within Flood Zone 1, and sustainable drainage systems had been incorporated to ensure that there would be no increased flood risk.

 

It was further noted that a fallback position existed for up to ten dwellings under the extended Class Q legislation and relevant case law, including the Mansell judgment. Mr Orridge also reported that he had spoken with the neighbour to the east of the site, who had contacted the office and, following discussion, had raised no objection to the proposal.

 

In conclusion, Mr Orridge stated that the proposal would replace a utilitarian agricultural shed with a well-designed, energy-efficient development that would sit comfortably within its rural setting. The scheme was described as offering clear planning betterment in terms of design quality, visual appearance, environmental performance, and residential amenity. It was confirmed that the proposal complied with the Central Lincolnshire Local Plan, the Nettleham Neighbourhood Plan, and the aims of the National Planning Policy Framework.

 

Mr Orridge respectfully requested that Members support the Officer’s recommendation and grant planning permission for what was described as a sustainable and high-quality redevelopment of a farmyard site.

 

The Chairman thanked Mr Orridge for his comments and having asked the Officer if she had a response, which there was not, the Chairman opened the floor for discussion.

 

The Chairman commented that the site plans did not clearly show the location of the application site. Thanks were extended to the planning officer for including additional images within the presentation to assist Members.

 

A Committee Member stated that the application had been presented in a clear and concise manner and had not been difficult to understand. Reference was made to Policies S6 and S7, and it was noted that their application had been appropriately considered. They expressed the view that demolishing and rebuilding a structure would result in increased carbon emissions and therefore did not consider this to be a material planning consideration. It was acknowledged that the visual appearance of buildings was a matter of personal opinion, but it was accepted that the proposed dwellings would be more energy efficient over their lifetime.

 

Another Member of the Committee agreed with Councillor White’s observation that the site was located outside the area identified within the Neighbourhood Plan. Concern was raised that the development of five dwellings could result in approximately ten vehicles. It was noted that the population of Nettleham had increased to approximately 5,000 over the past two years. Although the existing building was considered unsightly, a preference was expressed for the landowner to consider development outside the village boundary.

 

It was queried by a Member of the Committee whether, in the event that the development was not maintained, a condition could be imposed requiring the developer to ensure proper upkeep. Concern was raised regarding the accuracy of highway assessments, particularly in light of local knowledge. It was suggested that West Lindsey District Council should be informed whether site visits had been undertaken by Highways Officers, and that further clarification could assist future decision-making.

 

In response, the Development Management Team Manager confirmed that the proposed road layout indicated a private road. It was acknowledged that the existing building could potentially be changed to up to ten dwellings, under permitted development allowances. It was not known whether Highways Officers had visited the site, but it was suggested that clarification could be sought and reported back to a future meeting.

 

Two further points were raise by a Member of the Committee. Firstly, concern was expressed regarding the long-term maintenance of the area, particularly if it was not adopted by Highways. It was queried how the site would be maintained following any future sale, including the treatment and upkeep of landscaping. Secondly, it was noted that while the views of Highways were considered, the Parish Council also held statutory status. It was questioned whether the concerns raised by the Parish Council should carry greater weight in the decision-making process.

 

The Chairman asked whether a management company or organisation would be responsible for the long-term maintenance of public access areas.

In response, the Development Management Team Manager stated that planning decisions were made in the wider public interest. It was confirmed that, should the Committee consider there to be a public issue, further consideration could be given to the matter.

 

A Member of the Committee expressed support for the proposal, noting that the development appeared to be located within the footprint of the existing building. The change from brownfield to residential use was welcomed. It was considered that the precedent set by such developments could be beneficial in assessing future applications and changes.

 

The Chairman concluded that there was no conflict with the Central Lincolnshire Local Plan. It was noted that the area had been identified by central government as requiring additional development land. It was stated that the Central Lincolnshire Local Plan must respond to this directive by providing further opportunities for residential development.

 

The proposal to accept the Officers recommendations was duly seconded and voted upon. It was therefore agreed that planning permission be GRANTED subject to the following conditions:

 

Recommended 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 hereby permitted must take place until a written Habitat Management and Maintenance Plan [HMMP], in accordance with the most recently submitted Statutory Biodiversity Metric dated 14^th July 2025 and prepared by Kiran Johal Mzool, 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 the initial completion period approved pursuant to condition 11. The HMMP document must be produced in accordance with sections listed below:

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].

4)    the planned habitat creation and enhancement works for the initial 5 completion period to create or improve habitat.

e)    the management measures to maintain habitat for a period of 30 years from the end of initial habitat creation.

f)      the monitoring/reporting methodology and frequency in respect of the retained, created and/or enhanced habitat to be submitted to the local planning authority on years 1, 5, 10, 15, 20 and 30. All reports must be submitted no later than September 1^st on each reporting year (reports may be produced by those meeting the definition of a competent person as defined by the statutory Small Site Metric user guide)

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

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy S61 of the Central Lincolnshire Local Plan 2023-2043.

 

3.    No development shall take place until a written Ecological Mitigation & Enhancement Plan (EMEP) prepared in accordance with the Preliminary Ecological Appraisal and Reptile Surveys dated October 2024 and prepared by Archer Ecology is submitted to and approved in writing by the local planning authority. The EMEP shall include: -

• Details of any precautionary method statements for protected species
• Details of a sensitive lighting strategy
• Details of wildlife friendly landscaping within curtilage of private dwellings (including native tree planting, garden ponds, flowering lawns and urban greening [i.e. rain gardens])
• Details of educational leaflets to be provided to all residence as to the enhancements for wildlife within their own cartilage and the wider development.
• Details, specification location of hedgehog highway within all closed panel fence boundaries and 1x hedgehog refugia
• Details, specification, locations of amphibian friendly curb and drain treatments.
• Details, specification and location of the following species enhancements incorporated into structures across the site:

 

Ø  Integrated bird boxes, Total across site to be equal to number of dwellings (swift bricks should be installed in groups of 3)

Ø  1x Pole mounted Owl boxes

Ø  Integrated bat boxes, Total across site to be equal to number of dwellings

Ø  2 bee/insect bricks per dwelling

 

The EMEP shall be implemented in strict accordance with the approved plan. All features shall be installed during construction and retained as such thereafter.

 

Reason: In the interest of nature conservation and to accord with the National Planning Policy Framework and local policy S60 of the Central Lincolnshire Local Plan 2023.

 

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

 

4.    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 following drawings:

• J20001-PL-00 P01 dated 23/7/25
• J20001-PL-01 P02 dated 23/07/25
• J2000a-PL-02 P04 dated 19/9/25
• J2000a-PL-03 P01 dated 23/7/25
• J2000a-PL-10 P01 dated 01/11/24
• J2000a-PL-11 P01 dated 01/11/24
• J2000a-PL-12 P02 Dated 19/9/25
• J2000a-PL-13 P01 dated 01/11/24
• J20001-PL-20 P02 dated 19/9/25
• J2000a-PL-21 P02 dated 19/9/25

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.

 

5.    No development above foundations level shall take place until a scheme of foul sewage and surface water drainage has been submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in strict accordance with the approved details.

 

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

 

6.    The development hereby permitted shall be carried out in accordance with the details set out in the Amended Energy Statement A02 dated 18th October 2025 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).

 

7.    Prior to occupation of the dwelling hereby permitted, a written verification statement shall be submitted to demonstrate that the approved scheme has been implemented in full, in accordance with the Amended Energy Statement A02 dated 18th October 2025 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.

 

8.    No external lighting shall be installed on the development hereby permitted unless a scheme of external lighting is submitted to and agreed in writing with the Local Planning Authority. The development thereafter shall be carried out in strict accordance with the approved details.

 

Reason: To ensure that the development hereby permitted does not have an unacceptable impact on residential amenity to accordance the National Planning Policy Framework and Policy S53 of the Central Lincolnshire Local Plan.

 

9.    If during the course of development, contamination not previously identified is found to be present on the site, then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a method statement detailing how and when the contamination is to be dealt with has been submitted to and approved in writing by the Local Planning Authority. The contamination shall then be dealt with in accordance with the approved details.

 

Reason: In order to safeguard human health in accordance with the National Planning Policy Framework and Policy S56 of the Central Lincolnshire Local Plan.

 

10. The Biodiversity Gain Plan shall be prepared in accordance with the most recently updated Statutory Biodiversity Metric dated 14^th July 2025 and prepared by Kiran Johal Mzool.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy S61 of the Central Lincolnshire Local Plan 2023-2043.

 

11. Notice in writing shall be given to the Council within 15 working days of the Initial habitat creation and enhancement works as set out in the HMMP being completed.

 

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy S61 of the Central Lincolnshire Local Plan 2023-2043.

 

12. Prior to occupation of the approved dwellings evidence must be submitted to and approved in writing by 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.

 

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

 

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that order), no development as may otherwise be permitted by virtue of the following: Ø Schedule 2 Part 1 Classes A, AA, B, C, D, E, F, G and H of the Order shall be carried out within the curtilage of the dwelling permitted; and Ø Schedule 2 Part 2 Class A, without express permission from the Local Planning Authority.

 

Reason: To ensure that the development hereby permitted does not have an unacceptable impact on the character and appearance of the area in accordance with paragraph 130 f) of the National Planning and Policy Framework and Policy S53 of the Central Lincolnshire Local Plan.