Agenda item

Minutes:

Application number 138794, for the erection of 1no. two storey detached dwelling and detached, single storey double garage on land east of St Marys Lane Claxby Market Rasen, was introduced by the Chairman. The Planning Officer confirmed there was no update. The Chairman invited the sole registered speaker to address the Committee.

 

Mr Darren Drury, speaking in favour of the application, introduced himself and thanked the Committee for their time. He explained the proposal was to build a long term family home on a site which should be considered a brownfield site. He stated that the property would be the smallest house on the lane and the placement and layout of the house had already been modified in order to make it the best possible fit for the area. He highlighted that there were no objections raised by the Parish Council and they had received several letters of support from local families. He concluded by inviting Committee Members to visit the site should they feel they needed to see the situation and location first hand.

 

The Chairman then advised Committee that the Ward Member, Councillor Tom Regis, had wished to register to speak also but had been unable to attend in person. He had instead provided a written statement in support of the application and this was read aloud by the Chairman.

 

The Planning Officer explained that according to the footprint of the village, the site was considered to be in the countryside and formed part of the old shrunken medieval village. It was in close vicinity to a Grade 1 listed church and a Grade 2 listed building. Half of the site had been recently cleared where it had previously been grown over and merged in with the countryside.

 

The Chairman invited comments from the Committee and there was discussion between Members as to whether the assessment of the site being in the countryside was considered to be accurate. Members felt that the location was typical of rural Lincolnshire and to class the site as being in open countryside was misleading. A Member of Committee expressed the opinion that the application would accord with LP10 and moved the approval of the application. The Development Management Team Leader reiterated the definition of the developed footprint as given in the Local Plan and suggested that by that definition, the assessment of the site as outside of the developed footprint was accurate. After further discussion, the proposal to approve the application was seconded.

 

Note:              Councillor G. McNeill left the room at 8.35pm and returned at 8.36pm

 

The Committee continued to discuss the layout of the village and the consideration of open countryside. The Legal Advisor requested that Members gave thought only to the application in front of them at this time and also to reiterate that the developed footprint within the Lincolnshire Local Plan was the accepted footprint of the village.

 

The Chairman repeated the proposal to approve the application based on LP10, to which a Member of Committee added reasons of LP2 paragraph B bullet points 7,8 and 9.

 

With 8 votes in favour, one against and one abstention it was agreed that planning permission be GRANTED.

 

Members enquired of the Planning Officer what conditions would be given with the application and these were given as follows:

 

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 shall take place until a Flood Risk Assessment is submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with any mitigation measures recommended in the Flood Risk Assessment and retained as such thereafter.

 

Reason: To reduce the risk and impact of flooding on the approved development and its occupants in accordance with National Planning Policy Framework and National Planning Policy Guidance and Policy LP14 of the Central Lincolnshire Local Plan.

 

3. No development shall take place until the proposed new walling, roofing, windows, doors and other external materials have been submitted to and approved in writing by the local planning authority. The development shall thereafter be constructed in accordance with the approved details. The details submitted shall include; the proposed colour finish, rainwater goods (see notes to applicants below) and type of pointing to be used.

 

Reason: To ensure the use of appropriate materials to safeguard the character and appearance of the street scene, The Lincolnshire Wolds Area of Outstanding Natural Beauty and the setting of Listed Buildings in accordance with the NPPF and Policies LP17, LP25 and LP26 of the Central Lincolnshire Local Plan.

 

4. No development shall take place until details of all new and external windows and doors at a scale of no less than 1:20 and glazing bars at scale of 1:1 to include method of opening, cills, headers and lintels, colour and finish are submitted and approved in writing by the local planning authority. The development shall thereafter be constructed in accordance with the approved details.

 

Reason: To ensure the use of appropriate materials to safeguard the character and appearance of the street scene, The Lincolnshire Wolds Area of Outstanding Natural Beauty and the setting of Listed Buildings in accordance with the NPPF and Policies LP17, LP25 and LP26 of the Central Lincolnshire Local Plan

 

5. No works shall take place until a 1m square sample panel of the proposed new brick work, showing the coursing of the stonework, colour, style and texture of the mortar and bond of the stonework have been provided on site for the inspection and approval in writing by the Local Planning Authority (the sample is to be retained on site until the new development is completed). The development shall thereafter be constructed in accordance with the approved details

 

Reason: To ensure the use of appropriate materials to safeguard the character and appearance of the street scene, The Lincolnshire Wolds Area of Outstanding Natural Beauty and the setting of Listed Buildings in accordance with the NPPF and Policies LP17, LP25 and LP26 of the Central Lincolnshire Local Plan.

 

6. No development shall take place until a scheme for the disposal of foul and surface waters (including the results of soakaway/percolation tests) have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details and prior to occupation of the dwelling.

 

7. Before development commences on site further details relating to the vehicular access to the public highway, including materials, specification of works and construction method shall be submitted to the Local Planning Authority for approval. The approved details shall be implemented on site before the development is first brought into use and thereafter retained at all times.

 

Reason: In the interests of safety of the users of the public highway and users of the site in accordance with National Planning Policy Framework and Policy LP13 of the Central Lincolnshire Local Plan.

 

Reason: To ensure adequate drainage facilities are provided to serve the development in accordance with Policy LP14 of the Central Lincolnshire Local Plan.

 

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

 

8. 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: LDC2308-PL-02A, LDC2308-PL-03A and LDC2308-PL-04A dated February 2019. 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 in the interests of proper planning

 

9. The development shall be carried out in full accordance with the recommendations contained within the Ecology and Protected Species Survey by Scarborough Nixon Associates Limited (December 2018).

 

Reason: To safeguard wildlife in the interests of nature conservation in accordance with National Planning Policy Framework and Policy LP21 of the Central Lincolnshire Local Plan an

 

10. Construction work shall only be undertaken between the hours of 8am and 6pm Monday to Friday and 9am to 1pm on a Saturday and not on a Sunday or Bank Holiday.

 

Reason: To preserve residential amenity in accordance with the National Planning Policy Framework and Policy LP26 of the Central Lincolnshire Local Plan.

 

11. New hardstanding shall be constructed from a porous material (gravel is mentioned in the supporting statement) or shall be appropriately drained within the site and shall be retained as such thereafter.

 

Reason: To ensure appropriate drainage to accord with the National Planning Policy Framework and Policy LP14 of the Central Lincolnshire Local Plan.

 

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

 

12. All planting and turfing approved in the scheme of landscaping (Drawing No: LDC2308-PL-03A dated February 2019) shall be carried out in the first planting and seeding season following the completion of the development, whichever is the sooner; and any trees or hedging 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. The landscaping should be retained thereafter.

 

Reason: To ensure the site is visually softened by appropriate methods and to enable any such proposals to be assessed in terms of their impact on the street scene, The Lincolnshire Wolds Area of Outstanding Natural Beauty and the setting of Listed Buildings in accordance with the NPPF and Policies LP17, LP25 and LP26 of the Central Lincolnshire Local Plan.

 

13. Notwithstanding the provisions of Classes A, B, C, D, E, F, G and H of Schedule 2 Part 1 and Class A of Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015, or any Order revoking and re-enacting that Order, the building hereby permitted shall not be altered or extended, no new windows shall be inserted, and no buildings or structures shall be erected within the curtilage of the host dwelling, no new hardstanding, chimney’s or flues, microwave antenna and gates, walls or fences unless planning permission has first been granted by the Local Planning Authority.

 

Reason: To enable any such proposals to be assessed in terms of their impact on the street scene, The Lincolnshire Wolds Area of Outstanding Natural Beauty and the setting of Listed Buildings and on the living conditions of the host dwelling/the resulting amount of space around the host dwelling in accordance with Policies LP25 and LP26 of the Central Lincolnshire Local Plan.

Supporting documents: