Agenda item

Note:  Councillor Ian Fleetwood declared an interest prior to the start of this item as it was within his ward as a County Councillor.  He had not been actively involved with the Planning Committee on Cherry Willingham parish council, even though he was a Member.  He had also not been lobbied.

The Senior Development Management Officer introduced planning application number 137057 – Bleak Farm, High Street, Cherry Willingham LN3 4AH – for the residential development of 5no. detached dwellings.

There had been a previous application (132418) – outline planning application for up to 13 dwellings with all matters reserved, and the conversion of a barn to a dwelling.  This was granted with a legal agreement in August 2016.  This application had been for the entire site; the application before Members here (137057) was just on part of the site.

Committee had had strong views on the previous application, and on the accompanying site visit. This was why the current application had been referred to Planning Committee.

As a further update to Committee, there was a slight mistake in the report.  The Tree and Landscape Officer was listed as having an ‘objection’; this had been changed to ‘no objections subject to mitigation conditions’.  This was due to moving plot 5 further away from a protected tree on site.

The parish council had submitted further comments on 1 May.  These were:

·         The heritage document did not address that the Neighbourhood Plan had Bleak Farm as a non-designated site;

·         The style of the development was not appropriate for a central historical village location;

·         The site demands a quality development appropriate to the location and heritage of the site.

The Neighbourhood Plan remained in draft form, and could only be afforded limited weight.  Within the Plan, Bleak Farm was listed as a non-designated heritage asset, but the site as a whole was not.

The first speaker on this application was Cherry Willingham parish Councillor Paul Moore.  The following points were highlighted:

·         The parish council do not have an objection in principle with the development for residential purposes;

·         The application failed to make appropriate use of the important site, and was a missed opportunity;

·         The site’s present condition was not as it should be.  However, the present condition of the site was not a reason for this development to be granted;

·         Paragraph 130 of the National Planning Policy Framework (NPPF) advised that “where there is evidence of deliberate neglect of, or damage to a heritage asset, the deteriorated state of the heritage asset should not be taken into account in any decision.”  The heritage assessment was inadequate and a more robust assessment should take place as advocated by WLDC’s Conservation Officer;

·         The development of the site would impact on nearby heritage buildings, in addition to Bleak Farmhouse and its former associated farm buildings.  With appropriate development, these buildings could be enhanced and improved;

·         The generic design and lack of appreciation of the historic context of the development was contrary to Policy LP25 of the CLLP;

·         The submitted heritage statement does not satisfy paragraph 128 of the NPPF, as it does not refer to Bleak farmhouse as a non-designated heritage asset;

·         Paragraph 58 of the NPPF required that the new development added to the overall quality of the area, over the short and long term.  There was little short term benefit in just tidying up the site;

The final speaker, in support of the application, was Michael Orridge, agent for the applicant.  He highlighted the following points:

·         The site was located in the large village of Cherry Willingham as an infill location.  The draft Neighbourhood Plan for Cherry Willingham acknowledged the need for large dwellings in the village;

·         The proposed dwellings provide the amenities required by growing families, including en-suite bathrooms, open plan living arrangements, bedrooms for use as a home office, and room for extended family;

·         The applicant was willing to construct the road frontage dwellings at plots 1 and 2 out of reclaimed brick;

·         The proposal, due to its siting, scale, massing and design of the dwellings would preserve the setting of the nearby listed buildings and the non-designated heritage assets;

·         The proposal was in line with the local planning policies LP25 and policy HE1 of the draft Neighbourhood Plan;

·         There was outline planning permission granted by WLDC Planning Committee previously; this development would be able to contribute to the site’s longevity and allow families to enjoy the village setting.

Members then had the opportunity to provide comment on the application.  These comments are highlighted below:

·         This was the historic core of the village; there was a large heritage asset representing this core;

·         Since the demolition, the site’s appearance had declined;

·         There was a contamination condition proposed – work must be stopped for remediation if contamination were to be found should the application be granted.

It was then moved and seconded that the recommendation in the report to agree the application, subject to conditions, be overturned and on voting it was AGREED that the application be REFUSED for the following reasons:

1. The proposed development will not protect the historic village centre of Cherry Willingham, its setting and its heritage assets including non-designated heritage assets through its detrimental layout and design. The proposal is therefore contrary to local policies LP25 and LP26 of the Central Lincolnshire Local Plan, guidance within the National Planning Policy Framework, particularly paragraph 58, 128, 132 and 133 and the statutory duty set out in section 66 of Planning (Listed Buildings and Conservation Areas) Act 1990.