Agenda item

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

Decision:-

 

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

 

KJC1

 

Application ref:         S12/1468/MJRR

 

Description:               Construction of 99 no. Dwellings (including 13 no.affordable dwellings) and associated garaging

 

Location:                    Poplar Farm, Barrowby Road,Grantham,NG31 8AF.               

 

Decision:                   Approved

 

Noting comments made during the public speaking session from:-

 

                        Susan Browne – objecting

                        Robert Galij – agent

 

together with the Case Officer’s report, comments from the Partnerships Project Officer, Public Rights of Way Officer, Crime Prevention Design Advisor, Lincolnshire Wildlife Trust, Anglian Water Services, Senior Historic Environment Officer (Archaeology), Upper Witham Internal Drainage Board and the Arboricultural Consultant, no objection from the Highway Authority, Planning Policy, Natural England or Network Rail, objections from Great Gonerby Parish Council and  nearby residents, comments from the applicants and a note concerning the Section 106 agreement; late information report circulated to Members present at the meeting, including officer comment in  regard to the Section 106 agreement with regard to affordable housing, and comments made by Members at the meeting.

 

In response to questions, the Development Management Service Manager gave information in regard to affordable housing, in particular the proportions to be built during the various phases of the development of the site.

 

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 to the following conditions:-

 

1.    The development hereby permitted shall be carried out in accordance with the approved materials schedule Drwg No. H5523/102 received by the local plannin authority on 13th June 2012.

2.    All soft landscaping works shall be accried out in accordance with the approved landscaping plans: Bir.4033_01, Bir.4033_02 and Bir.4033_03.

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

House type plans and elevations - P206, P382, P341, P332, T322, H404, H433, H455, H408, H469, H421, H426 and H500. Garage Plans Single garage GH1A, Double Garage GH2A and Double Garage GH2C. Boundary Treatment Details - Brick Wall - Drg No. SD14-014 and Close Boarded Fence Drg No. SD14-015.

Location Plan Drg No. H5523:02, Planning Layout Drg No. H5523/101 Rev E and Streetscenes Drg No. H5523/05.

3.    The finish floor levels of the development hereby permitted shall be in accordance with the approved Domestic Drainage Layout Plan Drg No. JN 1242-NWK-011.

4.    Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the District Planning Authority for the location of bat and bird boxes to encourage wildlfie development. The agreed scheme shall be implemented prior to the completion of the development.

 

(1.50pm – Councillor Adam Stokes left the meeting, having disclosed an interest).

 

KJC2

 

Application ref:         S12/2249/MJNR

 

Description:               Business Incubation Centre, Plot 6, Approval of Reserved Matters Persuant of Outline Planning Permission.

 

Location:                    Grantham Station Approach, between Grantham Railway Station and Wharf Road, Grantham.

 

Decision:                   Approved.

 

Noting comments made during the public speaking session from:-

 

                        Paul Wheatley – applicant

 

together with the Case Officer’s report, no objection from the Highways Agency, Economic Development and Investment Section and Planning Policy, no comments from the Senior Highways Officer – Footpaths, Lincolnshire Police Crime Prevention Design Advisor, Consultant Arboriculturalist, Environmental Protection and  Open Space Officer, and comments from the Highway Authority; late information report circulated to Members present at the meeting, including comments from Natural England, no further comment from Network Rail, comments from English Heritage and the Principal Conservation Officer, together with officer comment thereon and a suggested additional condition in regard to a panel of proposed materials being constructed on site, 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 to the following conditions:-

1.    This permission shall be read in conjunction with the list of approved plans:

 

Ground Floor Plan Drwg No. C.05.1 RevB, First Floor Plan C05.2 RevB,Second Floor Plan C.05.3 RevB, Third Floor Plan C.05.4 RevB.

                  North and East Elelvations Drwg No. C.12.1 RevA, South and West

                  Elevations Drwg No. C.12.2 RevA.
                  Landscaping Plan Drwg No. C.15.1.
                  Location and Site Plan Drwg No. C.01.

 

 

2.    Notwithstanding the submitted details, a sample panel of the proposed materials shall be constructed on site, and shall be subject to the approval of the local planning authority prior to the work commencing on site. The panel shall show the proposed method of construction including type of materials and finish, details of any mortar mix and method of coursing to be used in the development. The approved development shall be constructed in accordance with the sample panel as may be approved, and the panel shall be maintained on site throughout the construction works.

 

(2.25pm – Councillor Adam Stokes returned to the meeting).

 

NB1

 

Application ref:         S12/0193/FULL

 

Description:               Construction of skatepark

 

Location:                    Stamford Skatepark, Recreation Ground,Recreation Ground Road, Stamford.

 

Decision:                   Approved

 

Members noted the Case Officer’s report on the application, during which he said that over 300 letters in support had been received, together with a petition of 140 signatures in support, and 50 letters from pupils at the St Gilbert of Sempringham Primary School, also in support.

 

The Environmental Health Manager and Environmental Health Officer gave detailed information in regard to the noise issues and, together with the Case Officer, answered Members’ questions.  The Development Management Service Manager commented on the funding issues which had been raised by Members during questions, and said that they should be given little or no weight, as they were not material planning issues.

 

Members noted comments made during the public speaking session from:-

 

                        Councillor Jean Bevan – Ward Councillor – in support

                        Councillor Ian Selby – in support

                       

(The meeting adjourned from 3.11pm to 3.29pm).

 

The public speaking continued as follows:-

 

                        Peter Heyes – objecting

                        Dominic Glazebrook  - objecting

                        Vic Abbott – objecting

Mr E Gilman – in support

Councillor Mrs M Jalili – in support

Marcus Stanier – in support

John Judge – in support

Luke Denley – in support

George Hetherington – in support

Hector Clack – in support (Also presented a petition in support)

David Brailsford – in support

Laurie Copley – in support

Jonathan Selwyn – on behalf of the Governors of the Queen Eleanor School – in support (Also presented a petition of 200 sugnatures in support)

 

(As the meeting had lasted for three hours, in accordance with Council Procedure Rule 9, the Committee voted for the meeting to continue).

 

                        Ian Weeks – in support

                        Robert Weighton – agent

 

Members noted comments from Lincolnshire Heritage and Sport England, an objection from Environmental Health services, support from Lincolnshire Police, no adverse observations from the Highway Authority, the submission of  amended plans and an updated noise assessment, and a large number of letters of objection and in support; late information report circulated to Members present at the meeting, including comments from Environmental Protection, and reference to a number of additional letters in support and an additional objection, and officer comment thereon, report of site inspection and comments made by Members at the meeting.

 

A Member gave a report on the site inspection which had been held, and he then moved a proposal as follows (also circulated to Members present at the meeting):-

 

This application should be approved subject to:

 

1.     Conditions limiting noise along the lines of the following (detailed wording to be devised by planning officers, preferably with the involvement of SKDC’s noise consultants and agreed by the chairman and vice chairman).

 

a)     Operational hours are limited to 9am to 9pm Monday to Saturday and 10am to 5pm on Sundays

b)    A maximum noise level of 60dB (Amax,f) as measured close to any surrounding housing will not be allowed to be regularly exceeded. The Council will decide whether any reasonable complaints from surrounding householders should bereferred to independent noise consultants to measure or monitor the noise, the cost of this to be funded by the applicant/current owner of the skate park. If the noise levels regularly exceed 60dB (Amax,f) then the use of the skatepark shall cease until agreed remedial action has been taken which might include further attenuation works and further limiting of hours of use.

c)    These conditions will not remove or alter measures under the Environmental Protection Act 1990 with regard to statutory noise nuisance

2.    Other standard conditions to be devised by planning officers and agreed by the chairman and vice chairman

 

Note: Alternatively the costs of any noise monitoring could be shared between the applicant and the Council.

 

The Solicitor gave advice on the consideration of the proposal.  He suggested that if it was the wish of Members to accept it, then possibly the exact wording could be delegated to the officers in consultation with the Chairman and Vice-Chairman; or it could be simply deferred to look at the proposal in detail and report back to the Committee.  The solicitor went on to advise of the legal risks and cost consequences of a decision against officer recommendation.

 

The member moving the proposal pointed out that the wording of the proposal indeed reflected the advice of the Council’s consultants insofar as they did not present a black and white picture, they deliberately presented a worst case scenario, they recommended a maximum spot noise level of 60db and they indicated that further attenuation works would be possible.

 

The proposer of the motion indicated that he had considered all the matters raised by the Solicitor, and drew the attention of the Committee to the first part of his proposal.  The Development Management Service Manager reminded Members of the prospect of the use creating a statutory noise nuisance, and the issue of mitigation.  The use was principally an outdoor one, and there was the alleged illegal use outside permitted hours in the past.  The scheme before the committee failed to mitigate harm, and the management of the site had not been clarified. 

 

The proposal was then seconded, and further discussion took place on the wording.  The Chairman suggested, and it was agreed, that there be a short adjournment to enable the officers to consider the proposition in detail.

 

(The meeting adjourned from 5.25pm to 5.40pm).

 

After the adjournment, the Development Management Service Manager indicated that he could support the proposition, and the Chairman then referred to the minor amendments which had been made, which resulted in the proposition being as follows:-

 

This application should be approved subject to:

 

1. Conditions limiting noise along the lines of the following with detailed wording to be devised by planning officers, preferably with the involvement of SKDC’s noise consultants and agreed by the chairman and vice chairman

 

a)    Operational hours are limited to 9am to 9pm Monday to Saturday and 10am to 5pm on Sundays.

b)    A maximum noise level of 60dB (Amax,f) as measured close to any surrounding housing will not be allowed to be regularly exceeded. The Council will decide whether any reasonable complaints from surrounding householders should be referred to independent noise consultants to measure or monitor the noise, the cost of this to be funded by the applicant/current owner of the skate park. If the noise levels regularly exceed 60dB (Amax,f) then the use of the skatepark shall cease until agreed remedial action has been taken which might include further attenuation works and further limiting of hours of use.

c)    These conditions will not remove or alter measures under the Environmental Protection Act 1990 with regard to statutory noise nuisance

2.    Other standard conditions to be devised by planning officers and agreed by the chairman and vice chairman.

The Head of Development and Growth said that the other conditions referred to in numbered point 2 above would include conditions relating to a management plan for the skate park, commencement, materials and a list of approved plans.

 

(A request for a recorded vote was then made under Council Procedure Rules 16.4 and 24, which was supported).

 

A recorded vote was then taken as follows:-

 

                 For                                                                  Against

Councillor Adams                                                         None

Councillor Ashberry

Councillor Cook

Councillor Cosham

Councillor Howard

Councillor Vic Kerr

Councillor King

Councillor Morgan

Councillor Parkin

Councillor Powell

Councillor Mrs Judy Smith

Councillor Judy Stevens

Councillor Adam Stokes

Councillor Mrs Brenda Sumner

Councillor Wilkins

Councillor Woolley

 

The proposition was carried, and the application was therefore approved as indicated above.

 

The Chairman suggested that as there was one member of the public present who had attended to speak on LDPP1, that application be taken before JJ1, which was the next on the list.  This was agreed.

 

(5.45pm – Councillors Adams and Cosham left the meeting).

 

LDPP1

 

Application ref:              S12/1692/FULL

 

Description:                    Drop kerb and create parking area.

 

Location:                         67, Harrowby Road, Grantham, Lincolnshire, NG31 9ED.

 

Decision:                                    Minded to refuse

 

Noting comments made during the public speaking session from:-

 

                 Mr Woolley – objecting

 

together with no adverse observations from the Highway Authority and objections from nearby residents, 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.  On being put to the vote the proposition was lost.

 

It was then proposed and seconded that the application be refused, as it would result in the loss of a communal highway amenity.

 

The Development Management Service Manager confirmed that he did not accept the reason given at the meeting for the purposes of the procedure set out in the Constitution, and there was no reason to refuse on highway grounds.  Members were reminded by the Solicitor of the procedure that needed to be followed, as set out in the Constitution sub, where the Committee proposed to take a decision against clear advice from the Development Management Service Manager.  The Constitution provided for a recorded vote on the first andsequent hearings of an application in this category.  Members were reminded that on this first vote they would be minded to refuse.

 

A recorded vote was then taken as follows:-

 

                 For                                                                  Against

Councillor Ashberry                                         Councillor Howard

Councillor Cook                                                            Councillor Vic Kerr

Councillor King                                                 Councillor Parkin

Councillor Morgan                                            Councillor Woolley

Councillor Powell

Councillor Mrs Judy Smith

Councillor Judy Stevens

Councillor Adam Stokes

Councillor Mrs Brenda Sumner

Councillor Wilkins

 

The proposition was carried.

 

The Solicitor reminded Members that those who supported the motion were required to submit the planning reasons for their view to the Development Management Service Manager within 5 working days.

 

(6.15pm – Councillors King, Judy Stevens, Mrs Judy Smith and Woolley left the meeting).

 

JJ1

 

Application ref:              S12/1483/MMRR

 

Description:                    Reserved matters application for demolition of commercial garage and erection of 14 dwellings (S09/0420)        

 

Location:                         Mears Motors, Main Road, Thurlby, Bourne, PE10 0DZ

 

Decision:                                    Approved

 

Noting no objection from the Highway Authority, comments from the SKDC Drainage Officer and Thurlby Parish Council, a number of representations from nearby residents and a note of the Section 106 Heads of Terms, report of site inspection 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 to the following conditions:-

 

1.    The vehicular access shall incorporate 10 metres radii tangential to the nearside edge of the carriageway of Bourne Road and the minimum width of the access shall be 5.0 metres.

2.    Before the dwellings are occupied, the access and turning space shall be completed in accordance with the approved plan, drawing number 0659-101-A dated 21st June 2012, and retained for that use thereafter.

3.    The arrangements shown on the approved plan 8659-101 A dated 21st June 2012 for the parking/turning/manoeuvring/loading/unloading of vehicles shall be available at all times when the premises are in use.

4.    Before each dwelling is occupied, the roads and/or footways providing access to that dwelling, for the whole of its frontage, from an existing public highway, shall be constructed to a *specification to enable them to be adopted as highways maintainable at the public expense, less the carriageway and footway surface courses.

The carriageway and footway surface courses shall be completed within three months from the date upon which the erection is commenced of the penultimate dwelling.

5.    Before any dwelling is commenced, all of that part of the estate road and associated footways that forms the junction with the main road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details tobe submitted to and approved by the Local Planning Authority.

 

Note(s) to Applicant

1. This site is within 50m of a Land Contamination Concern.  Please contact Environmental Protection Services on 01476 406300 for further information.

2.    Prior to the submission of details for any access works within the public highway you must contact the Divisional Highways Manager on 01522 782070 for application, specification and construction information.

3.    You are advised to contact Lincolnshire County Council as the local highway authority for approval of the road construction specification and programme before carrying out any works on site.

Development Management Service Manager to write to the Highway Authority to request reconsideration of the speed limit on the A15 in this area.

 

SP1

 

Application ref:              S12/2016/FULL

 

Description:                    3 x 15 meter high wind turbines

 

Location:                         Copley Farm, Doddington Lane, Claypole, Newark, Nottinghamshire. NG23 5AT

 

Decision:                        Deferred

 

Pending receipt of the information/comments requested.