Agenda item

The Senior Development Management Officer introduced planning application number 138660 – land to the rear of Marquis of Granby, High Street Waddingham.  It was an outline planning application for the erection of 7no. dwellings with all matters reserved.

 

The revision to the NPPF did not change the officer recommendation.  A unilateral undertaking to the application had been received, and was currently being reviewed.

 

The first public speaker to this item was Councillor Colin Metcalfe, from Waddingham Parish Council.  He raised the following points:

 

·         This item had been discussed at a Waddingham Parish Council meeting in December 2018;

 

·         Application 138660 was essentially a resubmission of previous applications; they had been refused;

 

·         This application puts forward some mitigation to previous applications, but the Parish Council was not convinced they would be successful;

 

·         The mitigation for noise appeared to be a wooden acoustic screen around the beer garden of the public house.  This would affect the economic sustainability of the public house;

 

·         The physics of sound seem to have been ignored as the screen was close to the noise source; the sound would travel over the top of the screen.  In addition, most of the dwellings on the site would have a view over the beer garden;

 

·         The public house hosts events, thus maintaining a community link.  By developing the land, the pub would no longer have the land available to host events such as boot sales, and also would not be able to provide caravan facilities;

 

·         There was a suggestion in the report that the village green could be used for community events; the village green was properly registered with legislative restrictions and did not have the same facilities as the pub.  It was also adjacent to the main highway through the village; a recent traffic survey showed that 1400 vehicles pass through on that route every day;

 

·         The current owners of the shop and post office in the village were looking to retire; the site of the pub could potentially be a new location for these facilities;

 

·         The current owners had only had the site for two years, and had not maintained it sufficiently despite requests from the parish council.  The public house building had deteriorated quite significantly.

 

·         Waddingham Parish Council urged the Planning Committee to refuse the application.

 

The second speaker was Paul Brailsford, agent for the applicant, and a partner at Freeths Solicitors.  He raised the following points:

 

·         Lengthy discussions had taken place with officers at West Lindsey District Council  to try and address the issues in the applications that had previously been refused;

 

·         Mitigations included:

Ø  The majority of the orchard be maintained;

Ø  An acoustic solution for the pub around the beer garden;

Ø  Window glazing to a high specification for the new homes;

Ø  A legally binding undertaking not to use the beer garden at the pub beyond 11pm, with no amplified music;

 

·         It was not unusual to have homes being adjacent to a pub.  There had been similar developments in the district at Normanby by Spital, Langworth and Ingham.  Pubs can thrive alongside new and existing homes;

 

·         A number of pubs had now closed in the district;

 

·         The Marquis of Granby had been acquired by a small pension fund, with the objective of securing a capital receipt from the sale of part of the site for residential development, with the proceeds going towards developing the pub.  It was in the best interests of the client for the pub to thrive;

 

·         The pub was designated as an Asset of Community Value;

 

·         The fact that the pub was currently vacant was not a situation engineered by the applicant; the premises had been marketed extensively.  A lease was close to being agreed, and the mitigations did not concern the incoming tenant;

 

·         If planning permission were agreed, the applicant would look to agree additional investment works with the incoming tenant;

 

·         There were mixed local views; when the applicant held a consultation following the previous refused application, 62% of those who responded supported development.  A number of residents had written to oppose the application, as had the parish council and the Ward Member.  It was often the case that the quiet majority supported the proposal;

 

·         There was nothing unusual about the application, and no defensible reason to refuse planning permission.

 

The final speaker was Councillor Jeff Summers, Ward Member for Waddingham and Spital; his Ward including the site in question.  He raised the following points:

 

·         A comment on the points raised by the previous speaker; the incoming tenant was not a certainty.  Also, the application approved at Normanby by Spital was opposed by the local community, so should not be used as a precedent to support approval in this application;

 

·         There were refusals on the site dating back to 2014.  Application 136769 was refused in 2018 because it did not meet the requirements of the present local plan – the site today was the same as this site refused in 2017.  That site was refused due to not providing a satisfactory living standard, and because it could affect the viability of the community asset;

 

·         The previous refusal also highlighted the loss of the ancient orchard.  In that refusal, the scheme of delegation report stated that planning permission should be refused for loss of irreplaceable habitats unless the benefits clearly outweighed the loss, under paragraph 118 of the NPPF and LP21 of the CLLP;

 

·         Whilst there may be existing dwellings in the proximity of the pib, it did not necessarily mean that development was acceptable;

 

·         Some trees have been felled since the first supplication, and were no longer there;

 

·         Cllr Summers was looking for a level decision making process; the layout of the site compared to previous refusals was identical, therefore LP1 of the CLLP had not been mitigated against.  The benefits of the development do not outweigh the loss of future opportunities for the site.  LP15 of the CLLP includes the pub itself;

 

·         The pub was definitely a community asset, and was undoubtedly run down.  The developer was not willing to invest in the community.

 

The Senior Development Management Officer then responded to the public speakers, and gave the following information to committee:

 

·         The applicant had undertaken a significant amount of extra work in terms of physical mitigation;

 

·         Two of the veteran trees in the orchard had been removed.  These trees were not protected by Tree Preservation Orders (TPOs), were not in the conservation area and could be removed immediately if required.  Conditions on the application offered an opportunity to preserve what was left for future generations;

 

Following this update, Members provided their comments and questions on the application.  These comments, and answers to the questions are provided below:

 

·         There were no reasons found to object to the application on noise grounds.  A unilateral obligation restricted amplified music in external areas after 11pm.  Licensing legislation prevents live music after 11pm unless the pub is specifically licensed;

 

·         Could be unrealistic to expect people to buy a house surrounded by an acoustic screen; however it was pointed out that this screening would be around the pub, and not the proposed developments;

 

·         There was a village hall on the village green; Waddingham had been lucky in being able to use the public house for events as it was someone else’s property.  Pubs were often at the centre of villages and should be encouraged;

 

·         Aside from the two bungalows, the houses were four bedroomed dwellings.  There was not enough provision for car parking, in a rural village where a car would be required.  In addition, if the pub starts to thrive, more space would be needed for car parking;

 

·         The south west corner of the site was allocated as important open space.  Over time the back gardens of houses appear to have been extended;

 

·         The site meets most of the tests required for residential development; it meets the CLLP tests and most others;

 

·         The site met the requirements for the CLLP, as it was 7 homes on a site that could take up to 9.

 

With no further comments from the Committee the recommendation in the report was moved and seconded, and then voted upon and agreed that permission be delegated to officers to GRANT the application subject to conditions and the receipt of a unilateral undertaking securing no amplified music played in the beer garden or any

external areas and the beer garden will not be used after 2300 hours.

 

In the event it is not received within 6 months of the date of this committee the

application will be reported back to the next available committee.

 

Conditions:

Conditions stating the time by which the development must be

commenced:

1. Application for approval of the reserved matters shall be made to the Local

Planning Authority before the expiration of three years from the date of this

permission.

Reason: To conform with Section 92 (2) of the Town and Country Planning

Act 1990 (as amended).

 

2. No development shall take place until, plans and particulars of the layout,

scale and appearance of the building(s) to be erected, the means of access to

the site 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 shall 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 shall take place not later than 2 years

from the date of approval of the last of the reserved matters to be approved.

Reason: To conform with Section 92 (2) of the Town and Country Planning

Act 1990 (as amended).

 

Conditions which apply or require matters to be agreed before the

development commenced:

 

4. The reserved matters referred to by condition 2 shall include no public

pedestrian link between the application site and public right of way

Wdgm/72/1.

Reason: In order to prevent undue disturbance harmful to residential amenity

by virtue of passing pub customers, in accordance with Policy LP26 of the

Central Lincolnshire Local Plan.

5. The reserved matters referred to by condition 2 shall include biodiversity

enhancements including bat boxes and bricks and bird boxes.

Reason: To secure ecological enhancements in accordance with Policy LP21

of the Central Lincolnshire Local Plan.

 

6. The reserved matters referred to by condition 2 shall include at least 11 car

parking spaces for the use of the Marquis of Granby Public House.

Reason: This is the basis on which the application has been made and is

considered to be an appropriate amount of vehicle parking for the pub in order

to prevent parking harmful to amenity in accordance with Policies LP13 and

LP26 of the Central Lincolnshire Local Plan.

 

7. The reserved matters referred to by condition 2 shall include details

demonstrating at least 30% of the dwellings shall be constructed to the higher

access standards of Part M(2) of the Building Regulations (Access to and use

of buildings) and details of the types and sizes of all dwellings.

Reason: To help support the creation of mixed, balanced and inclusive

communities and to cater for the needs of less mobile occupants, including

older people and disabled people in accordance with Policy LP10 of the

Central Lincolnshire Local Plan.

 

8. The reserved matters application referred to by condition 2 shall include a

scheme of noise mitigation based on the principles established in the

submitted noise assessment, namely:

 private rear gardens to be screened from the pub by the dwellings

permitted;

 enhanced acoustic glazing and alternative ventilation so that windows

facing the pub can be kept closed;

 a 2m high acoustic screen to the boundary of the beer garden.

Reason: To prevent undue harm to residential amenity in accordance with

Policy LP26 of the Central Lincolnshire Local Plan.

 

9. No development shall take place until a surface 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 details of how run-off will be safely conveyed and attenuated during

storms up to 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

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, the permitted development in accordance with Policy LP14 of

the Central Lincolnshire Local Plan.

 

10. No development shall take place on the site until a Written Scheme of

Investigation (on the lines of 4.8.1 in the Lincolnshire Archaeological

Handbook) shall have been submitted to and approved in writing by the local

planning authority. This shall involve monitoring of all groundworks in the

northwest corner of the site (west of the Marquis of Granby) only, with the

ability to stop and fully record archaeological features. The scheme shall

include an assessment of significance and research questions and:

i) the programme and methodology of site investigation and recording;

ii) the programme for post investigation assessment;

iii) the provision to be made for analysis of the site investigation and

recording;

iv) the provision to be made for publication and dissemination of the analysis

and records of the site investigation;

v) the provision to be made for archive deposition of the analysis and records

of the site investigation;

vi) the nomination of a competent person or persons/organization to

undertake the works set out within the Written Scheme of Investigation.

Reason: To secure appropriate assessment and recording of potential

archaeology at the site in accordance with Policy LP13 of the Central

Lincolnshire Local Plan.

 

11. No development shall take place until an estate road phasing and

completion plan has been submitted to and 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 LP13 of the Central Lincolnshire

Local Plan.

 

12. No development shall take place until, a contaminated land assessment

and associated remedial strategy, together with a timetable of works, have

been submitted to and approved in writing by the Local Planning Authority

(LPA) and the measures approved in that scheme shall be fully implemented.

The scheme shall include all of the following measures unless the LPA

dispenses with any such requirement specifically in writing:

a) The contaminated land assessment shall include a desk study to be

submitted to the LPA for approval. The desk study shall detail the history of

the site uses and propose a site investigation strategy based on the relevant

information discovered by the desk study. The strategy shall be approved by

the LPA prior to investigations commencing on site.

b) The site investigation, including relevant soil, soil gas, surface and

groundwater sampling, shall be carried out by a suitably qualified and

accredited consultant/contractor in accordance with a Quality Assured

sampling and analysis methodology.

c) A site investigation report detailing all investigative works and sampling

on site, together with the results of analysis, risk assessment to any receptors

and a proposed remediation strategy shall be submitted to the LPA. The LPA

shall approve such remedial works as required prior to any remediation

commencing on site. The works shall be of such a nature as to render

harmless the identified contamination given the proposed end-use of the site

and surrounding environment including any controlled waters.

d) Approved remediation works shall be carried out in full on site under a

quality assurance scheme to demonstrate compliance with the proposed

methodology and best practice guidance. If during the works contamination is

encountered which has not previously been identified then the additional

contamination shall be fully assessed and an appropriate remediation scheme

agreed with the LPA.

e) Upon completion of the works, this condition shall not be discharged until a

closure report has been submitted to and approved by the LPA. The closure

report shall include details of the proposed remediation works and quality

assurance certificates to show that the works have been carried out in full in

accordance with the approved methodology. Details of any post-remedial

sampling and analysis to show the site has reached the required clean-up

criteria shall be included in the closure report together with the necessary

documentation detailing what waste materials have been removed from the

site.

Reason: In order to safeguard human health and the water environment and

identify potential contamination on-site and the potential for off-site migration

as recommended by the Environmental Protection Officer in accordance with

Policy LP16 of the Central Lincolnshire Local Plan.

 

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

development:

 

13. The removal of any vegetation should take place outside of the bird

nesting season March – September inclusive. If works within the nesting

season are unavoidable, a nesting survey must be carried out immediately

prior to any works to ensure that no birds are currently nesting and that any

young have fledged.

Reason: To protect nesting birds in accordance with Policy LP21 of the

Central Lincolnshire Local Plan.

 

14. The development hereby permitted shall not be occupied before a 1.8

metre (minimum) wide footway, to connect the development to the existing

footway network to the east of the indicated access point, has been provided

in accordance with details that shall first have been submitted to, and

approved in writing by, the Local Planning Authority. The works shall also

include appropriate arrangements for the management of surface water runoff

from the highway.

Reason: To ensure the provision of safe and adequate pedestrian access to

the permitted development, without increasing flood risk to the highway and

adjacent land and property in accordance with Policy LP13 of the Central

Lincolnshire Local Plan.

15. Tree protection and construction activities shall proceed in accordance

with sections 3, 4 and 5 of the submitted Arboricultural Method Statement.

Reason: To ensure the protection of the veteran and orchard trees on the site

in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local

Plan.

 

16. Prior to the first occupation of the development hereby permitted, a

maintenance and management plan for the areas of existing (including

remaining orchard trees) and proposed soft landscaping outside residential

curtilage shall be submitted to and approved in writing by the Local Planning

Authority. Such areas shall be maintained in accordance with the approved

details.

Reason: To ensure appropriate long term treatment of soft landscaping areas

in accordance with Policies LP17 and LP26 of the Central Lincolnshire Local

Plan.

 

Conditions which apply or relate to matters which are to be observed

following completion of the development:

 

None.