Agenda and minutes

The Chief Executive to notify the Committee of any substitute members

The Committee was notified that  notices under Regulation 13 of the Local Government (Committees and Political Groups) Regulations 1990 had been received, appointing Councillor Bisnauthsing for Councillor Howard and Councillor Woolley for Councillor Mrs Brenda Sumner, for this meeting only.

Apologies for absence were received from Councillors Morgan and Powell.

Members are asked to disclose any interests in matters for consideration at the meeting

There were none declared.

                                                                                                                  (Enclosure)

The minutes of the meeting held on 16^th July 2013 were accepted as a correct record of decisions taken.

To consider applications received for the grant of planning permission – reports prepared by the Case Officer.                                                    (Enclosure)

The anticipated order of consideration is as shown on the index attached to this report , however this may be subject to change, at the discretion of the Chairman of the Committee.

Decision:-

To determine applications, or make observations, as listed below:-

AH1

Application ref:         S13/1217/FULL

Description:               Demolition of existing builders office/yard and erection of 4 No. detached dwellings and associated garaging and new double garage with room over to No. 19 Horsegate

Location:                    23, Horsegate, Deeping St James

Decision:                   Approved

Noting comments made during the public speaking session from:-

                        Paul Sharman – agent

together with no objection from the Parish Council and the Highway Authority *(Original and amended proposals), comments from Environmental Protection, Heritage Trust of Lincolnshire, Consultant Arboriculturalist (original and amended proposals), and the Welland and Deepings Internal Drainage Board, objections from and on behalf od adjoining residents; late information report circulated to Members before the meeting, including additional comments from the Consultant Arboriculturalist, further objections from nearby residents and officer comment thereon, together with a suggested additional condition, report of site inspection and comments made by Members at the meeting.

It was proposed and seconded that the application be approved, subject to the conditions in the report, and to the condition in the late report.

The Chairman reminded Members that it had been suggested that proposed condition 12 in the report be removed and replaced with two conditions requiring a land contamination survey and verification report, as follows:-

“1. No development shall take place until a full land contamination survey has been carried out to the satisfaction of the Local Planning Authority. This report shall detail the ground conditions, the location and type of any contamination found.  Details of any remedial works required are to be submitted to and agreed in writing with the Local Planning Authority and are to be carried out in full and approved by the Local Planning Authority prior to any construction work in connection with the dwellings being commenced.

2. The development hereby permitted shall not be occupied or brought into use until a verification report has been submitted to and approved in writing by the Local Planning Authority. The report shall be submitted by the agreed competent person and identify that approved remedial works have been implemented. The report shall include

(a)  A complete record of remediation activities, and data collected as identified in the remediation scheme, to support compliance with agreed remediation objectives;

(b)  As built drawings of the implemented scheme;

(c)  Photographs of the remediation works in progress; and

(d)  Certificates demonstrating that imported and/or material left in situ is free from contamination.

Thereafter if required the scheme shall be monitored and maintained in accordance with the approved remediation scheme.”

The Chairman read the proposed conditions to the committee.

The proposer and seconder agreed to include the conditions within the proposition.

The Development Management Service Manager commented on the implementation of the proposed additional conditions, in particular monitoring, and after further discussion it was agreed to add the words “if required” into the condition requiring the verification report, after the word “Thereafter” in the last paragraph. The proposer and seconder agreed to this amendment.

The proposition was put  ...  view the full minutes text for item 152.

Report number PLA1002 by the Principal Conservation Officer.(Enclosure)

Decision:-

That:

a)         authorisation be given to the service of an Urgent Works Notice under Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 on the owner of the Toll House Cottage; and

b)         in the event of the Authority having to appoint contractors to undertakethe works to recover the costs of the works specified in the Urgent Works Notice from the owner of Toll House Cottage.

The Committee considered report PLA1002 from the Principal Conservation Officer, seeking authorisation for the service of an urgent works notice for works considered necessary to prevent the further deterioration of the Grade II listed building, Toll House Cottage, Folkingham.  Also circulated to Members before the meeting was the late report which included, (in full), a letter from an agent acting for a prospective purchaser and officer comment thereon.

The report outlined the history of the building, and events leading up to the current request, and specified the works considered necessary to prevent further deterioration.  It was estimated that the cost of the works specified would be no more than £10,000.  If the owner did not comply with any notice served, then the Council could undertake the specified works and recover the costs from the owner.  Failure to pay these costs could result in a charge on the property.  Further options were outlined, as well as the resource implications and risks.

During the ensuing discussion, the Principal Conservation Officer clarified that he was only seeking authorisation to serve a notice, and that this would only be carried out if present discussions with the prospective purchaser and his agent did not result in action as recommended in the report now before the committee.  The Principal Conservation Officer confirmed that he had spoken to the prospective purchaser and the person who had prepared the report referred to in the late report.

It was proposed, seconded and agreed that the recommendations set out on page 1 of report PLA1002 be accepted.

(4.21pm – as the meeting had lasted for three hours, in accordance with Council Procedure Rule 9, the committee agreed to continue).

Report number PLA1000 by the Development Management Service Manager.

                                                                                                                  (Enclosure)

Decision:-

That the request to modify a Section 106 agreement in respect of land at the rear of 113-135 Dysart Road, Grantham, be refused.

The Committee had before them report PLA1000 from the Development Management Service Manager in relation to a request to modify a Section 106 agreement in respect of land at the rear of 113-135 Dysart Road, Grantham, by the removal of the requirement for the provision of 5 pieces of play equipment and to provide in its place a commuted sum for off-site play equipment off Earlesfield Lane.  Members also noted the late information report, circulated prior to the meeting, including comments from Financial Services and objections from nearby residents.

Details of the application site were set out, together with an extract of the relevant parts of the agreement, supporting information from the applicants and comments from the Community Leisure Officer. It was noted that it was considered that there was insufficient space within the development to meet the required buffer distances for the type of play area to be provided, and that the proposal to re-site the equipment, whilst retaining the relevant payments, was supported.

It was proposed, seconded and agreed that the application be refused.

Report PLA1005 from the Service Manager Development Services  (Enclosure)

Decision:-

That the request to modify a Section 106 agreement in respect of land at Poplar Farm, Grantham, be refused.

The Committee considered report PLA1005 from the Development Management Service Manager, which had been circulated prior to the meeting, in relation to a request to modify a section 106 agreement in respect of land at Poplar Farm, Barrowby Road, Grantham.

Following the approval of the layout of the first phases of the site, the developers had requested that the previously agreed layout of a hierarchy of play areas be amended to provide an improved quality but reduced number of play areas across the site.  The report explained the site, and set out the relevant parts of the section 106 agreement in full, as well as describing the types of play areas in an appendix to the report.  A plan was also included, showing the location of the proposed new areas.

Members discussed the request, and it was proposed, seconded and agreed that the application be refused.

Report No. PLA1004 by the Development Management Service Manager.(Enclosure)

The Development Management Service Manager submitted his report listing details of applications not determined within the eight week time period.  Also submitted was a list of applications dealt with under delegated powers.  A planning appeals update/summary as at 22^nd July 2013 was also submitted, together with a schedule showing planning applications performance as at April/June 2013.

(5pm – Councillor Kaberry-Brown left the meeting).

(Councillor Woolley asked that it be noted that she was Clerk to Witham on the Hill Parish Council, in which role she had undertaken correspondence, but had taken no part in decision making).

For the information of Members, the Development Management Service Manager circulated a report to those present at the meeting in relation to the application for the use of land at Witham on the Hill for a motocross circuit.  The Committee were reminded that they had agreed to defer the application at the meeting on 25^th June to enable the Applicant to produce a further sound check/noise assessment, with parameters being set by Environmental Protection.

However, since the deferral decision, and following further representations, legal advice had been sought, and it was now considered that the application needed to be reported back to the committee for debate.  In the interim an independent audit on the submitted information relating to noise was being sought, which would form part of the report, to a meeting in the near future.

The Development Management Service Manager and Solicitor answered questions from Members.

The Committee received a short presentation from the Planning Policy and Partnerships Service manager on the recently approved Wind Energy SPD, and the Planning Practice Guide for Renewable and Low Carbon Energy.   Copies of both documents were circulated to Members at the meeting.

The Development Management Service Manager advised Members that a recently published District Council report showed that there was now a 5 year housing land supply within the District.  This had been an issue in the determination of some applications recently, and it would be clearly and fully explained in subsequent reports to committee on applications for determination.

The meeting closed at 5.37pm.