Agenda item

PLANNING MATTERS

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

 

                                                          (Enclosure)

Minutes:

Decision:-

 

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

 

PL1

 

Application ref:      S10/1804/FULL

 

Description:          Retention of agricultural building and change of use to house livestock with additional livestock building and food storage

 

Location:               Odd House Farm, Holme Lane, Claypole, NG23 5AP

 

Decision:               Refused

 

(13:10 – Having declared a personal and prejudicial interest in application PL1, Councillor Kerr left the meeting).

 

Noting comments made during the public speaking session from:

 

§  Tracie Swift – objecting

§  Stuart Gillespie – objecting

§  Paula Money – on behalf of the applicant

§  Elaine Snape – providing technical information on air cleaning solutions on the applicant’s behalf

 

and noting relevant planning history at the site; no objection from the Community Archaeologist; comments from Lincolnshire County Council Highways, South Kesteven District Council’s Environmental Protection Team, the Environment Agency, Network Rail and the agricultural consultant; the site inspection report and comments made by Members at the meeting. Advertising the application led to the submission of 14 responses and 128 e-mails against, and two e-mails in support of the proposal. These were summarised within the officer’s report and late papers.

 

It was proposed, seconded and agreed that the application be refused for the following reason:

 

1.          In the opinion of the Local Planning Authority the proposed retention of the agricultural building and its change of use to house livestock and the erection of an additional livestock building with associated food storage area and vehicular turning area is likely to have a detrimental effect upon residential amenity to the nearby, unrelated, domestic accommodation by reason of noise and smell associated with the cattle  and their food supply and general disturbance from vehicular movements both bringing supplies, food etc to the site and vehicle movements and use of equipment to feed the animals.

 

The proposal is therefore considered to be contrary to the aims of Policy EN1 of the South Kesteven Core Strategy.

 

NB1

 

Application ref:      S10/2312/FULL

 

Description:          Change of use from residential (C3) to restaurant (A3) and hotel (C1) and erection of a single storey and part two-storey rear extension

 

Location:               4 St Mary’s Place, Stamford, PE9 2DN

 

Decision:               Deferred

 

(13:55 – Councillor Kerr returned to the meeting)

 

Noting comments made during the public speaking session from:

 

§  Councillor John Harvey (Ward Councillor) – objecting

§  Liz Heesom – objecting

§  James Heesom – objecting

§  Slaine Short – objecting

§  Professor Alan Short – objecting

§  Johnny Foo – objecting

§  Philip Grover – the applicant’s agent

 

together with comments from Stamford Town Council; no objection from the Consultant Arboriculturalist; comments from the South Kesteven Planning Archaeologist, South Kesteven’s Planning Policy, Building Control and Environmental Protection teams, Lincolnshire County Council Highways, English Heritage, Lincolnshire Police; the site visit report; Members present at the meeting and 26 representations received as a result of consultation (summarised in the agenda and late papers).

 

It was proposed and seconded that the application be approved. A vote was taken on this motion and lost. It was subsequently proposed and seconded that the Committee were minded to refuse the application on the grounds of noise, loss of neighbours’ amenity and inadequate highway infrastructure.

 

The Acting Lead Professional confirmed that he did not accept the reasons given in the meeting for the purposes of the procedure set out in the Constitution. Members were reminded of the procedure that needed to be followed, as set out in the Constitution, where the Committee proposed to take a decision against clear advice from the Acting Lead Professional. The Constitution provided for a recorded vote on the first and subsequent hearings of an application in this category.

 

A recorded vote was then taken as follows:

 

For

Against

Abstain

 

 

 

Councillor Adams

Councillor Higgs

 

Councillor Exton

Councillor Holmes

 

Councillor Mrs Gaffigan

Councillor Parkin

 

Councillor Cook

Councillor Scott

 

Councillor Howard

 

 

Councillor Mrs Jalili

 

 

Councillor Sam Jalili

 

 

Councillor Mrs Kaberry-Brown

 

 

Councillor Vic Kerr

 

 

Councillor Mrs Smith

 

 

Councillor Turner

 

 

 

 

 

11

4

0

 

The motion was carried. All Members who supported the motion were required to submit the planning reasons for their view to the Acting Lead Professional within 5 working days.

 

NB2

 

Application ref:      S10/2313/LB

 

Description:          Alterations and extensions to listed building

 

Location:               4 St Mary’s Place, Stamford, PE9 2DN

 

Decision:               Deferred

 

This application was deferred pending the outcome of NB1 at the Committee’s next meeting on 29 March 2011.

 

(The meeting adjourned from 15:27 to 15:46).

 

(15:48 – Councillor Sam Jalili returned to the meeting).

 

NB3

 

Application ref:      S10/2619/FULL

 

Description:          Erection of bridge club house

 

Location:               Land adjacent to Stamford and District Bowls Club, Off Exeter Gardens, Stamford, PE9 2RN

 

Decision:               Approved

 

Noting comments made during the public speaking session from:

 

§  Graham Hedley, Stamford Bridge Club – representing the applicant

 

together with no objections from Lincolnshire Heritage, Lincolnshire County Council Highways, Stamford Town Council, South Kesteven District Council’s Planning Policy team, Sport England, the acting South Kesteven Arboriculturalist; no comments from South Kesteven District Council’s Environmental Health team; 7 letters of objection received as a result of consultation; feedback from the site visit and comments made by Members at the meeting.

 

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

 

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

  2. No development shall take place until samples of the materials (including colour of render, paintwork or colourwash) to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

    Reason:  To ensure a satisfactory appearance to the development and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

 

  1. This permission relates solely to the application as amended by plans received on 20 January 2011.

  2. No development approved by this permission shall be commenced until a scheme for the provision of surface and foul water drainage has been submitted to and approved in writing by the Local Planning Authority.  The drainage works shall be completed in accordance with the details and timetable agreed to the satisfaction of the Local Planning Authority.

  3. Before development is commence on site all existing trees shown on the approved plan shall be fenced off to the limit of their branch spread.   No works (including removal of earth), storage of materials, vehicular movements or siting of temporary buildings shall be permitted within these protected areas.

 

  1. The arrangements shown on the approved plan 2010/20 01 c, dated 20 January 2011, for the parking/turning of vehicles shall be available at all times when the premises are in use.  

 

  1. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved.  These details shall include [proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant].  Soft landscape works shall include [planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme].

Note(s) to Applicant

 

  1. You are advised that the application site falls within an area affected by Radon. You are asked to contact the Council’s Building Control section (telephone number 01476 406187) to ascertain the level of protection required and whether a geological assessment is necessary.
  2. Please note that this grant of planning permission does not override civil legal matters which could affect the development such as development on or over a boundary and the Party Wall Etc Act.

 

PG1

 

Application ref:      S10/1876/HSH

 

Description:          Erection of classic car storage unit for domestic use

 

Location:               The Old Rectory, Carlby Road, Greatford, PE9 4PR

 

Decision:               Deferred

 

This application was withdrawn by the applicant.

 

PG2

 

Application ref:      S10/2088/FULL

 

Description:          Retention of 8 floodlights and installation of 2 portable buildings

 

Location:               Sports Fields, Manor Close, Langtoft, PE6 9NB

 

Decision:               Approved

 

Consideration of this application had been deferred from the Committee’s meeting held on 1 February 2011 to enable the floodlights to be re-angled to ensure the impact on neighbouring residents was lessened.

 

Noting submissions and considerations from the previous meeting (1 February 2011); comments from Langtoft Parish Council and Lincolnshire County Council; no objections from the Archaeologist; comments from the Environmental Protection team; one representation from a resident and an update from the Area Planning Officer on the re-angling of the lights.

 

It was proposed, seconded and agreed that the application be approved subject to the following condition:

 

1.   The buildings hereby permitted shall be removed and the land restored to its former condition on or before 1st February 2016 unless a further permission has been granted by the local planning authority. The buildings shall also be painted a suitable colour, to be submitted to and approved by the local planning authority, within one month of this approval and shall be retained and maintained as approved at all times.

PWM1

 

Application ref:      S10/1759/FULL

 

Description:          Erection of one wind turbine (hub height 50m, blade diameter 33.4m and total ground to tip height 66.7m) and associated access track and crane hardstanding

 

Location:               Frinkley Farm, Frinkley Lane, Hougham, NG32 2JQ

 

Decision:               Approved

 

Noting comments during the public speaking session from:

 

§  Simon Tilley – supporting

§  David Roe – applicant’s agent

 

together with no objection from the Community Archaeologist, Lincolnshire County Council Highways, the Highways Agency; comments from Natural England, Lincolnshire Wildlife Trust, English Heritage, the National Trust; no objections from the Ramblers Association, Ministry of Defence, NATS; an objectionfrom Foston Parish Council; comments from Hough on the Hill Parish Council; objections from Barkston and Syston Parish Council; 17 objections and five letters of support received as a result of consultation; the site visit report and comments made by Members at the meeting.

 

It was proposed and seconded that the application be refused for the reasons detailed in the officer’s report to Committee. The proposal was put to the vote and lost. A motion to approve the application subject to appropriate conditions was proposed and seconded, and a vote was taken. The motion to approve the application was carried and the application was approved subject to the following conditions:

 

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

2.             The turbine shall be fitted with aviation lighting which shall be installed as soon as construction is complete and operated and retained until the turbine is removed. The lighting shall consist of 25 candela omni-directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration at the highest practicable point.

3.             Before the development is commenced, the developer shall provide written confirmation to the MOD (Defence Estates Safeguarding) of the date of the start of construction and the maximum height of any construction equipment to be used. When the development is completed, the developer shall provide written confirmation to the MOD (Defence Estates Safeguarding) of the date of completion, and the exact height and latitude and longitude of the position of the turbine, no more than 14 days after this date.  The development approved by this permission shall be carried out in accordance to these details.

4.             Before the delivery of any components to Frinkley Farm, further details relating to the temporary track system on highway verges, including location and method of installment and reinstatement, shall be submitted to the Local Planning Authority for approval.  The approved details shall be implemented on site before any deliveries are made.

5.             The temporary track system shall be removed within 48 hours of the final delivery of the turbine.

6.             The Delivery of components shall be in accordance with the Route Access Report submitted 15 November 2011.

7.             The development shall not commence until details of the external finish and colour of the proposed turbine have been submitted to, and approved in writing by, the local planning authority. The development shall be carried out in accordance with the approved details, and there shall be no subsequent change to the finish or colour of the turbine without the local planning authority's prior approval in writing.

8.             In the event that the wind turbine is no longer used for the generation of electricity, it shall be removed and the land restored to its original condition in accordance with a scheme to be submitted to and agreed in writing with the local planning authority.

9.             Before the development is commenced, a monitoring programme for bird collisions at the site shall be submitted to and agreed in writing by the Local Planning Authority. The monitoring programme shall be carried out in accordance with the agreed details.

 

Informative(s)

 

A.             Before submitting a bird collision monitoring programme, you are advised to seek the advice of Natural England including their Technical Information Note - TIN069

 

PWM2

 

Application ref:      S10/2403/FULL

 

Description:          Erection of nine dwellings

 

Location:               Winters Lane, Long Bennington, NG23 5DW

 

Decision:               Refused

 

Noting comments made during the public speaking session from:

 

  • Iain Angus - objecting
  • Mike Sibthorp – on behalf of the applicant

 

together with no objections from the Community Archaeologist and Lincolnshire County Council Highways (subject to conditions), comments from Long Bennington Parish Council, an objection from the SK Projects Officer (Drainage), no objection from South Kesteven District Council’s Environmental Protection team, comments South Kesteven District Council’s Housing Solutions Officer (Affordable Housing), no objection from the Upper Witham Internal Drainage Board (subject to conditions), seven objections received as a result of consultation, the report of the site visit and comments made by Members during the meeting.

 

It was proposed, seconded and agreed that the application be refused for the following reasons:

 

  1. The application site is greenfield and on the edge of the village encroaching into open countryside and cannot therefore be reasonably described as being within the built up area of the village or an infill or redevelopment site.  Taking into account the evidence of a continuous five year supply of housing land in the Local Service Centres, and the large amount of housing development which has already taken place and is committed via planning approval in Long Bennington, it is considered that there are no other overriding material considerations relevant to the specific site which justify development of an additional greenfield site for housing. It is therefore considered to be an unsustainable site for development which is contrary to national planning policy given in PPS1(Sustainable Development), PPS3(Housing), policies 1 & 3 of The East Midlands Regional Plan and policies SP1 & H1 of The South Kesteven Core Strategy.
  2. The site is considered to be an important open area which contributes positively to the rural character and appearance of this part of the village. It is considered that development of the site would erode the established character and appearance of  the area contrary to Policy EN1 of The South Kesteven Core Strategy.
  3. Core Strategy policy H3 requires residential developments of 5 or more dwellings to make provision for affordable housing.  Although, the applicant has expressed a willingness to provide an appropriate level of affordable housing off site or a commuted sum in lieu of provision, no evidence has been provided to demonstrate that on site provision would make the scheme unviable, contrary to Policy H3 of The South Kesteven Core Strategy.

 

PWM3

 

Application ref:      S10/2297/FULL

 

Description:          Erection of three dwellings

 

Location:               2 Bourne Road, Colsterworth, NG33 5JE

 

Decision:               Deferred

 

This item was deferred to allow members to visit the site and assess the submitted additional indicative drawings of the access submitted

 

PWM4

 

Application ref:      S10/2547/FULL

 

Description:          Demolition of existing garage and erection of one and a half storey dwelling

 

Location:               3 High Road, Barrowby, NG32 1BH

 

Decision:               Deferred

 

(16:53 – Councillor Cook left the meeting and did not return)

 

Noting comments made during the public speaking session by:

 

  • Mike Sibthorp – representing the applicant

 

together with no objection from the Community Archaeologist, Lincolnshire County Council Highways (subject to the application of conditions) and Barrowby Parish Council; four objections received as a result of consultation; the site visit report and comments made by Members at the meeting.

 

It was proposed and seconded that the Committee were minded to refuse the application over concerns about the highway infrastructure’s suitability and consequently the safety of people living in the area. During discussions, Members suggested clarification from the Highways Authority would assist their determination of the application. A new proposal to defer determination of the application pending the receipt of explanatory information from Lincolnshire County Council (Highways) was proposed and seconded. The mover of the original motion agreed to its withdrawal, and the motion to defer became the substantive motion. This was duly voted upon and carried.

 

(The meeting was adjourned from 17:09 to 17:15).

 

(17:16 – Councillor Sam Jalili returned to the meeting).

 

PWM5

 

Application ref:      S10/1384/OUT

 

Description:          Demolition of existing dwelling and erection of six dwellings (extension of time of S07/0843)

 

Location:               Sandy Willows, 354 Harlaxton Road, Grantham

 

Decision:               Deferred

 

Noting comments made during the public speaking session from:

 

  • Mike Sibthorp – for the applicant

 

together with no objection from the Community Archaeologist, the Highways Authority, SK Projects Officer (Drainage) and the Environment Agency; comments from Lincolnshire Wildlife Trust, Upper Witham Internal Drainage Board and South Kesteven District Council’s Affordable Housing Officer; one neighbour objection received as a result of publicity; a site visit report and comments made by Members during the meeting.

 

It was proposed, seconded and agreed that the application be deferred to the Acting Lead Professional of Development Control for approval after consultation with the Chairman and Vice-Chairman and subject to the summary of reasons referred to in the case officer’s report, subject to the signing of a Section 106 Agreement (failure to sign the S.106 within 6 weeks will lead to the refusal of the application) and subject also to appropriate conditions.

 

KJC1

 

Application ref:      10/2813/MJRO

 

Description:          Extension of time – S07/0798 – Residential, business and industrial development

 

Location:               Bairds Malt Ltd, Springfield Road, Grantham

 

Decision:               Deferred

 

Noting no objection from the Community Archaeologist; no further comments to S07/0798 from the Crime Prevention Officer, the Environment Agency, Lincolnshire County Council (Education); comments from Lincolnshire County Council (Highways); one letter of objection received as a result of publicity and comments made by Members during the meeting.

 

It was proposed, seconded and agreed that the application be deferred to the Acting Lead Professional of Development Control for approval after consultation with the Chairman and Vice-Chairman and subject to the summary of reasons referred to in the case officer’s report, subject to the signing of a Section 106 Agreement (failure to sign the S.106 within 6 weeks will lead to the refusal of the application) and subject also to appropriate conditions.

 

PJM1

 

Application ref:      S11/0031/FULL

 

Description:          Creation of new access and driveway

 

Location:               The Stables, 57 Hough Road, Barkston, NG32 2PA

 

Decision:               Approved

 

Noting no objection from the Highway Authority or Barkston and Syston Parish Council; one third-party representation received as a result of consultation, the site inspection report and comments made by Members at the meeting.

 

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

 

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

2.   Before the access is brought into use, all obstructions exceeding 0.6 metres high shall be cleared from the land between the highway boundary and the vision splays indicated on Amended drawing dated 26th January 2011, and thereafter the visibility splay shall be kept free of obstacles exceeding 0.6 metres in height.

Note(s) to Applicant

  1. Prior to the commencement of any access works within the public highway, you should contact the Divisional Highways Manager on 01522 782070 for application specification and construction information.
  2. You are advised that the application site falls within an area affected by Radon. You are asked to contact the Council’s Building Control section (telephone number 01476 406187) to ascertain the level of protection required and whether a geological assessment is necessary.

(17:36 Councillor Turner left the meeting and did not return)

 

CM1

 

Application ref:      S10/2811/HSH

 

Description:          Extensions and alterations to dwelling

 

Location:               The Poplars, 19 Village Street, Gelston, NG32 2AE

 

Decision:               Deferred

 

(Having declared a personal interest, Councillor Mrs Kaberry-Brown stated that she would not vote on any proposal but would reserve her right to participate in questioning and debate on this item).

 

Noting comments made during the public speaking session by:

 

  • Mr Milne – objecting
  • Mike Sibthorp – for the applicant

 

together with no objection from the Community Archaeologist; comments from Hough on the Hill Parish Council; two representations received as a result of consultation; information raised within the late papers; the site inspection report and comments made by Members during the meeting.

 

It was proposed and seconded that the application be approved. Discussion by Members led to a further proposition, which was duly seconded, that determination of this item be deferred pending further detail about issues raised in the late papers. The mover of the original motion agreed to its withdrawal and the motion to defer became the substantive motion. A vote was taken on this motion, which was carried.

 

Supporting documents: