Agenda and minutes

Planning Committee
Tuesday, 2nd April, 2019 1.00 pm

Venue: The Ballroom, The Guildhall Arts Centre, St Peter's Hill, Grantham. NG31 6PZ

Contact: Jo Toomey 

Items
No. Item

71.

Apologies for absence

72.

Disclosure of interests

73.

Minutes of the meeting held on 5 March 2019 pdf icon PDF 110 KB

74.

Planning matters

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

     

    The anticipated order of consideration is as shown on the agenda, but this may be subject to change, at the discretion of the Chairman of the Committee.

74a

Application S18/1858 pdf icon PDF 3 MB

    Proposal:                   Construction of 46 dwellings, including vehicular access, pedestrian and cycle links, public open space, car parking, landscaping, drainage and associated works

    Location:                    Land off Easthorpe Road, Great Gonerby, Grantham, NG31 8LZ

    Case Officer:             Kevin Cartwright

    Recommendation:   To approve the application subject to conditions and completion of a Section 106 Agreement

    Additional documents:

    Minutes:

    Proposal:      Construction of 46 dwellings, including vehicular access, pedestrian and cycle links, public open space, car parking, landscaping, drainage and associated works

     

    Location:      Land off Easthorpe Road, Great Gonerby, Grantham, NG31 8LZ

     

    Decision:      To refuse the application contrary to officer recommendations

     

    Councillor Ian Stokes spoke against the application and consequently did not participate in debate or vote on the application.

     

    Noting comments made during the public speaking session by:

     

    District Councillor

    Councillor Ian Stokes

    Against

    Ann Donovan

    Elizabeth Newton (statement read by Councillor Ian Stokes)

    Applicant/Applicant’s Agent

    David Stutting

     

    Together with:

     

    ·         No comments from Historic England

    ·         No objection in principle and comments from the SKDC Arboricultural Consultant

    ·         Comments from the National Trust

    ·         Comments of the SKDC Historic Buildings Adviser (SKDC)

    ·         Comments from the Lincolnshire County Council Footpaths Officer

    ·         Comments from the SKDC Affordable Housing Officer

    ·         Comments from NHS England and request for a Section 106 contribution

    ·         Comments from Anglian Water Services

    ·         Comments from Lincolnshire County Council Education and Cultural Services and request for a Section 106 contribution

    ·         No comments from the Environment Agency

    ·         Comments from Heritage Lincolnshire

    ·         No comments from Natural England

    ·         No representation from Great Gonerby Parish Council

    ·         No objection from Lincolnshire County Council Highways and SUDS Support subject to conditions

    ·         No comment from the Gardens Trust

    ·         Viability information submitted by the applicant and independently assessed by the Council’s viability consultants

    ·         17 representations received as a result of public consultation

    ·         A petition signed by 153 local residents objecting to the proposed development

    ·         Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents

    ·         Comments made by members at the meeting

     

    Members noted the measures that were included to protect existing trees along the boundary of the site and the maintenance of the hedgerow. The Committee also noted the measures that were proposed in respect of two public rights of way that ran along the site’s boundary to ensure that they were still available and pleasant to walk.

     

    Discussion ensued on the impact of the proposal on nearby heritage assets and the measures that were proposed to mitigate that impact.

     

    In discussing the applications members expressed particular concern about the impact of the proposed two-storey dwellings on the existing bungalows situated on the opposite side of Easthorpe Road. Committee members felt that the position of the two-storey dwellings was not congruent with the existing street scene and contrary to the character of the area.

     

    Members considered the proposed terms for the Section 106 Agreement, which would see 100% affordable housing delivered through the development. The Committee noted the contents of the viability assessment submitted by the applicant and independently appraised by the Council’s appointed consultant, which concluded that the development would create a deficit if, in addition to the affordable housing, contributions were made to education and health services. While members acknowledged the need for affordable housing, they raised concerns about the impact of the additional residents on local education and health services.

     

    It was proposed and seconded that the application be approved for  ...  view the full minutes text for item 74a

74b

Application S18/1207 pdf icon PDF 10 MB

    Proposal:                   Erection of 5 detached houses

    Location:                    Land off Kettering Road, Stamford, PE9 2JS

    Case Officer:             Phil Moore

    Recommendation:   To approve the application subject to conditions and completion of a Section 106 Agreement

    Additional documents:

    Minutes:

    Proposal:      Erection of 5 detached houses

     

    Location:      Land off Kettering Road, Stamford, PE9 2JS

     

    Decision:      To approve the application subject to conditions and completion of a Section 106 Agreement

     

    15:28-15:47 – the meeting adjourned

     

    Noting comments made during the public speaking session by:

     

    Against

    John Smith

    Adrian Morrell

    Applicant

    John Dadge

     

    Together with:

     

    ·         An objection from Peterborough City Council

    ·         Comments from the SKDC Affordable Housing Officer

    ·         No comments from Anglian Water Services

    ·         No objection and comments from Historic England

    ·         Comments from Heritage Lincolnshire

    ·         A recommended condition by Environmental Protection Services

    ·         Opposition to the development and comments from Stamford Civic Society

    ·         No objection from Highways England

    ·         No objection from Lincolnshire County Council Highways and SUDS Support subject to a condition

    ·         Comments from the Lincolnshire County Council Footpaths Officer

    ·         Standing advice from Natural England

    ·         No comment from the Gardens Trust

    ·         No objections from Lincolnshire County Council Minerals and Waste Planning

    ·         No objection from Stamford Town Council subject to any affordable housing contribution being used in Stamford

    ·         A letter from Councillor David Taylor, one of the District Councillors for the Ward in which the development was proposed

    ·         Viability information submitted by the applicant and independently assessed by the Council’s viability consultants

    ·         28 representations (2 in support and 26 in objection) received as a result of public consultation

    ·         Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents

    ·         Comments made by members at the meeting

     

    16:06 – Councillor Adam Stokes left the meeting

    16:10 – Councillor Adam Stokes returned to the meeting

     

    In discussing the application, Committee members recognised that there was a need for affordable housing in Stamford and felt that the use of the commuted sum should be restricted to Stamford, and only if that was not possible should the funding be cascaded to other parts of the district. Whilst Members were mindful that a similar cascade provision was included within any Section 106 Agreement where the applicant was required to provide a commuted sum, the Committee wanted to clearly express its wishes that the affordable housing be provided in Stamford.

     

    16:19 - As the meeting had been in progress for 3 hours, the Chairman asked for Members’ consent to continue. Members agreed

     

    16:20 – Councillor Adam Stokes left the meeting

     

    It was proposed, seconded and agreed that the application be approved for the reasons set out in the case officer’s report and subject to the conditions set out on pages 77 to 79 of the case officer’s report  and subject to completion of a Section 106 Agreement to secure the requirements specified in section 9 of the report, with the addition of an overage clause requiring a 50:50 split of any increase in the selling price of each house over that included in the viability assessment dated 5 October 2018 and the addition of a specific requirement for the commuted sum for affordable housing being used in Stamford and only where that was not possible should the funding be cascaded for affordable housing to  ...  view the full minutes text for item 74b

74c

Application S19/0005 pdf icon PDF 657 KB

    Proposal:                   Erection of dwelling

    Location:                    2 Drummond Road, Bourne, Lincolnshire, PE10 9JF

    Case Officer:             Jen Wallis

    Recommendation:   To approve the application subject to conditions

    Minutes:

    Proposal:      Erection of dwelling

     

    Location:      2 Drummond Road, Bourne, Lincolnshire, PE10 9JF

     

    Decision:      To approve the application subject to conditions

     

    Noting comments made during the public speaking session by:

     

    Against

    Lesley Dray

    Applicant’s Agent

    Stuart le Sage

     

    Together with:

     

    ·         No comments from Welland and Deeping Internal Drainage Board

    ·         No objection and an informative from Lincolnshire County Council Highways and SUDS Support

    ·         No comments from SKDC’s Environmental Protection Services

    ·         Comments and no objection from the SKDC Historic Buildings Adviser

    ·         No comments from the Lincolnshire County Council footpath officer

    ·         2 representations received as a result of public consultation

    ·         Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents

    ·         Site visit observations

    ·         Comments made by members at the meeting

     

    It was proposed, seconded and agreed that the application be approved for the summary of reasons set out in the case officer’s report and subject also to the following conditions:

     

    Time Limit for Commencement

     

    1       The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

             

    Approved Plans

     

    2       The development hereby permitted shall be carried out in accordance with the following list of approved plans:

             

    i.     Location and Block Plan, 1975-01, received 31 December 2018

    ii.    Proposed Floor Plan, 1975-02 Rev A, received 31 December 2018

    iii.   Proposed Elevations, 1975-03, received 31 December 2018

          

    Unless otherwise required by another condition of this permission.

     

    Before the Development is Commenced

     

    3       Before the development hereby permitted is commenced, plans showing the existing and proposed land and floor levels of the development including [site sections, spot heights, contours and the finished floor levels of all buildings] with reference to [neighbouring properties/an off site datum point] shall have been submitted to and approved in writing by the Local Planning Authority.

     

    4       Before the development hereby permitted is commenced, a scheme for the treatment of surface and foul water drainage shall have been submitted to and approved in writing by the Local Planning Authority.

     

    During Building Works

     

    5          Before any part of the development hereby permitted is occupied/brought into use, the works to provide the surface and foul water drainage shall have been completed in accordance with the approved details.

     

     6         Before any dwelling hereby permitted is occupied/ brought into use, the finished floor levels for that building shall have been constructed in accordance with the approved land levels details.

     

     7         Before any part of the development hereby permitted is occupied/brought into use, the works to provide the boundary treatments as shown on plan reference 1975/02 Rev A, shall have been completed.

     

     8         Before any part of the development hereby permitted is occupied/brought into use, the external elevations shall have been completed using only the materials stated in the planning application forms unless otherwise agreed in writing by the Local Planning Authority.

     

    Ongoing Conditions

     

    9       Notwithstanding the provisions of Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or  ...  view the full minutes text for item 74c

As applications S18/0234 and S19/0094 related to the same site, the Chairman stated that the applications would be considered together but voted on separately.

74d

Application S18/2378 pdf icon PDF 1 MB

    Proposal:                   Amendment to S18/0234, single storey side extension and garage to family room

    Location:                    1 Harrowby Mill Lane, Grantham, Lincolnshire, NG31 9EP

    Case Officer:             Peter Lifford

    Recommendation:   To approve the application subject to conditions

    Minutes:

    Proposal:      Amendment to S18/0234, single storey side extension and garage to family room

     

    Location:      1 Harrowby Mill Lane, Grantham, Lincolnshire, NG31 9EP

     

    Decision:      To approve the application subject to conditions

     

    17:09 – Councillor Dilks returned to the meeting

     

    Noting comments made during the public speaking session by:

     

    Against

    Kevin Bohea

    Applicant

    David Balderson

     

    Together with:

     

    ·         No objection from Lincolnshire County Council Highways and SUDS Support

    ·         No objection from the SKDC Historic Buildings Adviser

    ·         4 representations received as a result of public consultation

    ·         Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents

    ·         Site visit observations

    ·         Comments made by members at the meeting

     

    It was proposed, seconded and agreed that the application be approved for the summary of reasons set out in the case officer’s report and subject also to the following condition:

     

    Approved Plans

     

    1.            The development hereby permitted shall be carried out in accordance with the following list of approved plans:

     

                  i.        RD2017:020-01 Rev B received 20 December 2018

                  ii.       Ground and first floor plan received 24 December 2018

                  iii.      Block and location plan received 25 February 2019

     

              Unless otherwise required by another condition of this permission.

     

74e

Application S19/0094 pdf icon PDF 2 MB

    Proposal:                   Erection of detached garage

    Location:                    1 Harrowby Mill Lane, Grantham, Lincolnshire, NG31 9EP

    Case Officer:             Peter Lifford

    Recommendation:   To approve the application subject to conditions

    Minutes:

    Proposal:      Erection of detached garage

     

    Location:      1 Harrowby Mill Lane, Grantham, Lincolnshire, NG31 9EP

     

    Decision:      To refuse the application contrary to officer recommendations

     

    Noting comments made during the public speaking session by:

     

    Against

    Kevin Bohea

    Applicant

    David Balderson

     

    Together with:

     

    ·         Comments from the SKDC Historic Buildings Adviser

    ·         No objection from Lincolnshire County Council Highways and SUDS Support

    ·         No comments from the Environment Agency

    ·         Comments from the Lincolnshire County Council Footpaths Officer

    ·         4 representations received as a result of public consultation

    ·         Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents

    ·         Site visit observations

    ·         Comments made by members at the meeting

     

    Members of the Committee debated the application; in so doing, consideration was given to the height of the proposed development, its context in relationship to the Grade II Listed Harrowby Mill and other neighbouring properties, and the previous planning history for the site. Members considered the scale was overbearing and would have a detrimental impact on the setting of the Listed Building and neighbouring properties. They also considered that the proximity of the proposed garage structure was too close to Harrowby Mill.

     

    It was proposed that the application be refused contrary to officer recommendations by virtue of its scale, siting and design and because it constituted over-development and was overbearing in its relationship to the setting of the Grade II Listed Harrowby Mill and other neighbouring dwellings.

     

    The proposal was seconded and the Head of Development Management confirmed that the reasons for refusal were acceptable, permitting the Committee to make a decision outright without invoking the cooling-off period set out in the Council’s Constitution. On being put to the vote, the proposition to refuse the application contrary to officer recommendations was carried.

Exclusion of the press and public

It was proposed, seconded and agreed that the press and public be excluded from the meeting during the following item of business because of the likelihood that information that was exempt under paragraph 5 of Schedule 12A of the Local Government Act 1972 (as amended) would be disclosed to them.

 

17:33 – the press and public were excluded from the meeting

75.

Any other business, which the Chairman, by reason of special circumstances, decides is urgent

    Minutes:

    The Committee considered the report of the Head of Development Management, which was circulated on 2 April 2019, and related to an urgent item of business regarding an application to the High Court for the Judicial Review of a decision of the Committee. The Head of Development Management provided some contextual information and summarised the contents of the report, which included advice from a specialist planning barrister.

     

    It was proposed, seconded and AGREED:

     

    That the advice of counsel be accepted and the interim Head of Legal and the Head of Development Management, in consultation with the Chairman and Vice-Chairman of the Committee, be authorised to resolve any related, consequential issues arising from the proceedings and that the outcome be reported back to a future meeting of the Committee.

76.

Close of meeting