Agenda and minutes

Planning Committee - Wednesday, 30th September, 2020 10.00 am

Venue: Virtual meeting - This meeting is being held remotely.

Contact: Jo Toomey 

Items
No. Item

1.

Register of attendance, membership and apologies for absence

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    Minutes:

    The membership of the Committee had changed following the Annual Council Meeting on 17 September 2020. The following changes were made: Councillor John Cottier and Councillor Louise Clack no longer served on the Committee, Councillor Helen Crawford and Councillor Charmaine Morgan were appointed to the Committee.

     

    Councillor Judy Stevens was appointed as substitute for Councillor David Bellamy for this meeting only.

     

    Councillor John Cottier was appointed as substitute for Councillor Judy Smith for this meeting only.

     

    Following a register of attendance, an apology for absence was noted from Councillor Charmaine Morgan. 

2.

Disclosure of interests

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

    Minutes:

    Councillors Exton and Bisnauthsing stated that they had been lobbied on application S20/0955 but approached consideration of the application with an open mind.

     

3.

Minutes of the meeting held on 2 September 2020 pdf icon PDF 297 KB

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    Minutes:

    The minutes of the meeting held on 2 September 2020 were agreed as a correct record.

4.

Application S19/0740 pdf icon PDF 1 MB

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    Proposal:                   Construction of 22 dwellings and associated infrastructure (all 22 dwellings to be classed as ‘Entry Level’ Affordable Housing Units)

    Location:                    Land at Bourne Road, Morton, Bourne

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

    Minutes:

    Proposal:     Construction of 22 dwellings and associated infrastructure (All               22 dwellings to be classed as 'Entry Level' Affordable Housing            Units)

     

    Location:     Land at Bourne Road, Morton, Bourne

     

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

     

    As the application was part-heard and Councillors Helen Crawford and Judy Stevens had not been present when it had been considered previously, they did not participate in discussion or vote on the application.

     

    Noting:

     

    ·            The additional information report from the meeting held on 22 July 2020

    ·            Comments made during the public speaking session on 22 July

    ·            Comments made by members on 22 July 2020when the application was first considered

    ·            The assessment of the reasons for refusal submitted by Committee members following the resolution at the meeting on 22 July

    ·            Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·            Comments received from Education and Cultural Services, Lincolnshire County Council requesting a financial contribution

    ·            Comments from Heritage Lincolnshire

    ·            Comments from the Affordable Housing Officer (SKDC)

    ·            Comments and no request for funding from NHS England

    ·            Comments from Anglian Water Services

    ·            No objection from LCC Highways and SuDS Support

    ·            Objections from Morton Parish Council

    ·            Representations received as a result of public consultation

    ·            Comments made by members at the meeting

     

    After the meeting of the Committee on 22 July 2020 at which members decided that they were minded to refuse the application, they were required to submit, within five working days, their reasons for refusal to the Interim Head of Development Management. These were listed in the case officer’s report together with officer comment thereon.

     

    Members were advised that officers did not feel the reasons provided were defendable in the event of an appeal should the application be refused. The officer recommendation remained to approve the application.

     

    It was proposed and seconded that the application be approved for the summary of reasons set out in the case officer’s report and subject to completion of a Section 106 Agreement and conditions.

     

    As the Committee had been minded to refuse the application on 22 July 2020 and the cooling-off period had been invoked, a recorded vote was taken in accordance with the Council’s Constitution.

     

    For:              Councillors Cottier, Exton, Kaberry-Brown, Milnes, Reid, Selby, Smith and Adams

    Against:       Councillor Dilks

    Abstain:       Councillors Bisnauthsing, Crawford and Stevens

     

    The vote was carried and the application was approved subject to completion of a Section 106 Agreement to secure the requirements specified in section 8.9 of the report. Where the Section 106 obligation has not been concluded prior to the Committee, a period not exceeding twelve weeks after the date of the Committee shall be set for the completion of that obligation.

     

    In the event that the Agreement has not been concluded within the twelve-week period and where, in the opinion of the Interim Head of Development Management, there are not extenuating circumstances that would justify a further extension of time, the related planning application shall be refused planning permission for the  ...  view the full minutes text for item 4.

5.

Application S19/1483 pdf icon PDF 607 KB

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    Proposal:                   Outline planning permission for the erection of a one and a half storey dwelling with approval being sought for access only

    Location:                    Vine House, 19 High Street, Carlby, PE9 4LX

    Recommendation:   To approve the application subject to conditions

    Minutes:

    Proposal:    Outline Planning Permission for the erection of a one and                             half storey dwelling with approval being sought for access                         only.

     

    Location:     Vine House, 19 High Street, Carlby, PE9 4LX

     

    Decision:     That the application is approved conditionally

     

    As the application was part-heard and Councillors Helen Crawford and Judy Stevens had not been present when it had been considered previously, they did not participate in discussion or vote on the application.

     

    Noting:

     

    ·            The additional information report from the meeting held on 19 August 2020

    ·            Comments made during the public speaking session on 19 August 2020

    ·            Comments made by members on 19 August 2020 when the application was first considered

    ·            The assessment of the reasons for refusal submitted by Committee members, following the resolution at the meeting on 19 August 2020

    ·            Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·            Site visit observations

    ·            No comments to make by South Kesteven District Council’s Environmental Protection Services

    ·            Comments and an objection received from Carlby Parish Council

    ·            No objection from Lincolnshire County Council Highways and SuDS

    ·            Representations received as a result of public consultation

    ·            Comments made by members at the meeting.

     

    After the meeting of the Committee on 19 August 2020 at which members decided that they were minded to refuse the application, they were required to submit, within five working days, their reasons for refusal to the Head of Development Management. These were listed in the case officer’s report together with officer comment thereon.

     

    Members were advised that officers did not feel that the reasons provided were defendable in the event of an appeal should the application be refused. The officer recommendation therefore remained to approve the application.

     

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

     

    As the Committee had been minded to refuse the application on 19 August 2020 and the cooling-off period had been invoked, a recorded vote was taken in accordance with the Council’s Constitution.

     

    For:              Councillors Bisnauthsing, Cottier, Exton, Dilks, Milnes, Reid, Selby, Smith and Adams

    Against:       None 

    Abstain:       Councillors Crawford, Kaberry-Brown and Judy Stevens

     

    The vote was carried and the application was approved subject 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 or two years from the approval of the last of the reserved matters, whichever is the latter.

     

    2.          Details of the reserved matters set out below shall have been submitted to the Local Planning Authority for approval within three years from the date of this permission layout; scale;

     

                i.       layout;

              ii.        scale;

             iii.       appearance; and

             iv.       landscaping (including details of trees outside the site to be retained

        and their RPA).

     

    Approval of all reserved matters shall have been obtained from the Local Planning Authority in writing before any development is commenced.

     

    3.          When the reserved matters application is made plans showing  ...  view the full minutes text for item 5.

6.

Application S20/0955 pdf icon PDF 1 MB

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    Proposal:                   Erection of a food retail store (Class A1) with associated access, car parking, servicing and landscaping

    Location:                    Land off Uffington Road, Stamford

    Recommendation:   To approve the application subject to conditions  

    Additional documents:

    Minutes:

    Proposal:     Erection of a food retail store (Class A1) with associated                         access, car parking, servicing and landscaping.

     

    Location:     Land Off Uffington Road, Stamford

     

    Decision:     That the application is approved subject to conditions

     

    Noting comments made during the public speaking session by:

     

    Against:                                     Steve Carroll

    For:                                            Andrew Potter

    Applicant/Applicant’s Agent:    Richard Thompson

                                  

    Together with:

     

    ·            Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·            Site visit observations

    ·            Objections received from Stamford Town Council

    ·            No objections, comments and requests from Lincolnshire County Council Highways and Drainage

    ·            Discussions with South Kesteven District Council Design Officer and PAD Meeting on 27 August 2020

    ·            Comments from South Kesteven District Council’s Policy Officer

    ·            No objections from the Lincolnshire Police Force Crime Prevention and Design Advisor

    ·            Comments and a recommended condition from the County Archaeologist;

    ·            Comments from the Arboricultural Officer

    ·            No objections received from County Minerals

    ·            No comments from Historic England

    ·            No objections or comments from Cadent Gas (utility provider)

    ·            A request for a condition from South Kesteven District Council Environmental Protection

    ·            No objections and recommended conditions from the Environment Agency

    ·            Representations received as a result of public consultation

    ·            The additional information report issued on 28 September 2020: and officer comment thereon; and

    ·            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:

     

    F18A31 - P001 SITE LOCATION PLAN

    F18A31 - P002 EXISTING SITE PLAN TOPO

    F18A31 - P003 PROPOSED SITE PLAN Rev D

    F18A31 - P005 SITE SECTIONS

    F18A31 - P200 PROPOSED FLOOR PLAN

    F18A31 - P201C PROPOSED ELEVATIONS

    F18A31 - P202 PROPOSED ROOF PLAN

     

    Before the Development is Commenced

     

    3.          No works shall commence on site (including demolition and preparatory works) until a tree and hedgerow protection plan has been submitted to and approved in writing by the Local Planning Authority. The approved plan shall be fully implemented in accordance with the approved details unless otherwise first agreed in writing by the Local Planning Authority.

     

    4.          Prior to the commencement of the development hereby permitted above ground level, details of the materials to be used in the construction of the external surfaces of the development hereby permitted (including walls at the entrance) shall be submitted to the Local Planning Authority in writing for approval. Sample panels of the proposed external surfacing materials (stonework and a timber) at a least a metre squared (showing where appropriate the proposed coursing, method of pointing of mortar) shall be erected on site for consideration and subsequent approval. The panels shall be retained on site until the completion of the works. The development shall be implemented in accordance with the approved details.  ...  view the full minutes text for item 6.

7.

Application S19/1475 pdf icon PDF 1 MB

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    Proposal:                   Erection of 31 affordable dwellings and associated works including access and landscaping

    Location:                    Land off Cherryholt Road, Cherryholt Road, Stamford, PE9 2EP

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

    Additional documents:

    Minutes:

    The meeting adjourned at 13:22 and reconvened at 13:45.

     

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

     

    Proposal:     Erection of 31 affordable dwellings and associated works                         including access and landscaping.

     

    Location:     Land off Cherryholt Road, Cherryholt Road, Stamford, PE9                             2EP

     

    Decision:     Minded to refuse the application.

     

    Noting comments made during the public speaking session by:

     

    District Councillor:

    Councillor Amanda Wheeler (read by the Democratic Officer)

     

    Parish Council:

    David Taylor

     

    Against:

    Charlie Short

    Eva Van Maren

    Applicant/Applicant’s Agent:

    Samantha Brooman

     

    Together with:

     

    ·            Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·            Site visit observations

    ·            Comments from Historic England

    ·            A suggested condition from the South Kesteven District Council Arboricultural Consultant

    ·            Request for a financial contribution by Lincolnshire County Council Education and Cultural Services

    ·            Comments of South Kesteven District Council’s Environmental Protection Services

    ·            Comments from the South Kesteven District Council Historic Buildings Advisor

    ·            Comments from South Kesteven District Council Affordable Housing Officer

    ·            Comments from the Lincolnshire County Council Footpaths Officer

    ·            An objection from Stamford Civic Society

    ·            Comments from Anglian Water Services

    ·            No objection from the Environment Agency subject to conditions

    ·            Comments from Heritage Lincolnshire

    ·            No comments to make by the Welland and Deeping Internal Drainage Board

    ·            A request for a financial contribution from NHS England

    ·            Objections from Stamford Town Council

    ·            No objections subject to conditions and informatives from Lincolnshire County Council Highways and SuDS Support

    ·            No objection and comments from Western Power Distribution

    ·            Representations received as a result of public consultation

    ·            The additional information report issued on 28 September 2020 and officer comment thereon

    ·            Comments made by members at the meeting

     

    The Interim Head of Development Management left the meeting during consideration of this application and did not return. The Senior Planning Officer role was covered by Principal Planning Officers in attendance at the meeting.

     

    Concerns raised by members on the application were as follows:

     

    ·       Properties were within a high-risk flood area

    ·       A neighbourhood plan was looking to protect the area of which the proposed development would sit, as an area of historic value

    ·       Safety of pedestrians and motorists alongside nearby highway

    ·       The Development would compromise the look and character of the area

    ·       Not the right location for affordable housing

     

    As the proposition was minded to refuse, please add a brief summary of the main concerns

     

    A proposition was put forward that the Committee was minded to refuse the application. As the proposition to refuse the application was contrary to officer recommendations, the cooling off period set out in Article 9.1.9 (c) of the Council’s Constitution was invoked, in line with the meeting procedure for virtual Planning Committee meetings. In accordance with the Constitution, a recorded vote was taken:

     

    For:              Councillors Bisnauthsing, Dilks, Kaberry-Brown, Milnes, Selby

                         Smith and Stevens

    Against:       Councillors Cottier, Exton and Reid

    Abstain:       Councillors Crawford and Adams

     

    The vote was carried and those Committee Members who voted in favour of the proposition had five working days to provide the Head  ...  view the full minutes text for item 7.

8.

Application S20/0129 pdf icon PDF 1 MB

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    Proposal:                   Change of use of land from storage (B8) to establishment and operation of a concrete block manufacturing facility (B2) including erection of buildings, storage, landscaping and bund

    Location:                    Land to the south of the A151, Colsterworth

    Recommendation:   To approve the application subject to conditions 

    Additional documents:

    Minutes:

    Proposal:     Change of use of land from storage (B8) to establishment                              and operation of a concrete block manufacturing facility                               (B2) including erection of buildings, storage, landscaping                            and bund.

     

    Location:     Land to the south of the A151, Colsterworth

     

    Decision:     To defer the application

     

    The Chairman advised that application S20/0129 (item 8) had been withdrawn from the meeting.  The deferral was at the request of the applicant. 

     

    The meeting adjourned at 15:48 and reconvened at 15:57.

     

9.

Application S20/0093 pdf icon PDF 618 KB

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    Proposal:                   Erection of a new building for dog agility training

    Location:                    4 North Drove, Twenty, PE10 0BJ

    Recommendation:   To approve the application subject to conditions  

    Minutes:

    Proposal:               Erection of a building for dog agility training

     

    Location:               4 North Drove, Twenty, PE10 0BJ

     

    Decision:               To approve the application subject to conditions

     

    Noting:

     

    ·            Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·            No comments from South Kesteven District Council, Environmental Protection Services

    ·            No objections from Lincolnshire County Council Highways and SuDS Support

    ·            No comments from the Environment Agency

    ·            Comments from the Black Sluice Internal Drainage Board

    ·            Comments from Heritage Lincolnshire

    ·            Comments from Lincolnshire Fire and Rescue

    ·            No representations were received as a result of public consultation

    ·            Comments made by members at the meeting

     

    It was proposed, seconded and agreed unanimously 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 Plan (received by the Council on 6 March 2020)

              II.              Block Plan Rev 1d (received by the Council on 12 June 2020)

            III.              Proposed elevations and floorplan Rev 2 (received by the Council on 2 May 2020)

     

    Unless otherwise required by another condition of this permission.

     

    Pre-commencement Conditions

     

    3.             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.

     

    Drainage implementation

     

    4.          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.

     

    Ongoing conditions Materials

     

    5.          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 and approved plans unless otherwise agreed in writing by the Local Planning Authority.

     

    Hours of use

     

    6.          The building shall not be used for the purposes authorised by this permission other than between the following hours:

     

    08:00hrs – 21:00hrs on Mondays to Sunday unless otherwise agreed in writing by the Local Planning Authority.

     

10.

Application S20/0383 pdf icon PDF 541 KB

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    Proposal:                   Demolition of existing agricultural/storage structures and construction of new Estate Yard comprising sheds for storage of plant equipment, agricultural/estate vehicles, machinery and materials, with workshops and welfare facilities

    Location:                    The Piggery, Grimsthorpe Castle Estate, Swinstead

    Recommendation:   To approve the application subject to conditions

    Minutes:

    Proposal:    Demolition of existing agricultural/storage structures and                              construction of new Estate Yard comprising sheds for                      storage of plant equipment, agricultural/estate vehicles,                                 machinery and materials, with workshops and welfare                    facilities.

     

    Location:     The Piggery, Grimsthorpe Castle Estate, Swinstead

     

    Decision:     That the application is approved conditionally

     

    Noting:

     

    ·            Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·            No comments from Historic England

    ·            No objections from Natural England

    ·            Comments from South Kesteven District Council Arboricultural Consultant

    ·            No comments from the Environment Agency

    ·            No comments from the Welland and Deepings Internal Drainage Board

    ·            Comments from South Kesteven District Council, Consultant Historic Building Advisor

    ·            No objections from South Kesteven District Council, Environmental Protection Services

    ·            Concerns and objections from Lincolnshire Gardens Trust

    ·            Comments from Edenham Parish Council

    ·            No representations from Swinstead Parish Council

    ·            No objections from Lincolnshire County Council Highways and SuDS Support

    ·            No representations received as a result of public consultation

    ·            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.              Drawing nos. 1394-03, 1394-04, 1394-05, 1394-06 received on 5 March 2020

     

    Unless otherwise required by another condition of this permission.

     

    During Building Works

     

    3.          Before any construction work above ground is commenced, details of a tree planting scheme shall have been submitted to and approved in writing by the Local Planning Authority. Details shall include:

     

                i.              planting plans

              ii.               written specifications (including cultivation and other operations associated with plant and grass establishment)

             iii.              schedules of trees, noting species, plant sizes and proposed numbers/densities where appropriate

     

    4.          If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme submitted to and approved in writing by the local planning authority.

     

    Ongoing conditions

     

    5.          Within a period of five years from the first occupation of the final unit of the development hereby permitted, any trees provided as part of the tree planting scheme, that die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced in the first planting season following any such loss with a specimen of the same size and species as was approved in condition above unless otherwise agreed by the Local Planning Authority.

     

    6.          Before the end of the first planting/seeding season following the occupation/first use of any part of the development hereby permitted, all tree planting works shall have been carried out in accordance with the approved details.

     

11.

Application S20/0632 pdf icon PDF 576 KB

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    Proposal:                   Change of use of the site for dog exercise areas, obedience/agility classes, provision of fencing to dog training areas, hardstanding area for customer parking and the demolition of the existing stables buildings

    Location:                    17 Eastgate, Deeping St. James, Lincolnshire, PE6 8HH

    Recommendation:   To approve the application subject to conditions

    Additional documents:

    Minutes:

    Councillor Judy Stevens advised the Committee that as a member of the Parish Council, which had considered matters relating to the application, she would not participate in the debate or voting on the item.  Councillor Stevens left the meeting at 16:36.

     

    Proposal:     Change of use of the site for dog exercise areas, obedience                         / agility classes, provision of fencing to dog training areas,                             hardstanding area for customer parking and the demolition                           of the existing stables buildings.

     

    Location:     17 Eastgate, Deeping St James, Lincolnshire, PE6 8HH

     

    Decision:     Minded to refuse the application.

     

    Noting comments made during the public speaking session by:

     

    Parish Council:               

    Kate Shinkins-Hoppe

    Against:

    David Shelton

    Keith Rogers

    For:

    Laura Liddaman

    Applicant/Applicant’s Agent:

    Sue Russell

     

    Councillor Mike Exton left the meeting at 17:08.

     

    Together with:

     

    ·            No objections or observations from Peterborough City Council

    ·            A recommendation from South Kesteven District Council, Environmental Protection Services

    ·            Objections from Deeping St. James Parish Council

    ·            No objections from Lincolnshire County Council Highways and SuDS Support

    ·            Representations received as a result of public consultation

    ·            Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·            Site visit observations

    ·            The additional information report issued on 28 September 2020 and officer comment thereon

    ·            Comments made by members at the meeting

     

    Members raised concerns regarding the proposal, these were as follows:

     

    ·       The proximity of neighbouring properties

    ·       Policy considerations, specifically SP5 was not felt appropriate

    ·       Noise levels from the property not being monitored

    ·       The local community objection was significant

    ·       Lack of consideration to the emerging Deepings Local Plan

     

    Councillor Jacky Smith left the meeting at 17:38.

     

    A proposition was put forward that the Committee was minded to refuse the application. As the proposition to refuse the application was contrary to officer recommendations, the cooling off period set out in Article 9.1.9 (c) of the Council’s Constitution was invoked, in line with the meeting procedure for virtual Planning Committee meetings. In accordance with the Constitution, a recorded vote was taken:

     

    For:              Councillors Bisnauthsing, Cottier, Crawford, Dilks, Kaberry-                            Brown, Milnes, Reid and Adams

    Against:       None

    Abstain:       Councillor Selby

     

    The vote was carried and those Committee Members who voted in favour of the proposition had five working days to provide the Interim Head of Development Management with the planning reasons for their view, together with supporting evidence. The application would be placed on the agenda for consideration at a future meeting of the Planning Committee when the Interim Head of Development Management would provide his opinion on whether the reasons advanced were substantial enough for the authority to defend the decision at an inquiry. In light of any additional information, the Committee would then be empowered to determine the application without being fettered by their vote at the previous meeting.

     

12.

Close of meeting

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    Minutes:

    The meeting closed at 18:20.