Agenda item

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

 

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

Decision:-

 

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

 

KJC1

 

Application ref:         S11/2002/MJRO

 

Description:               Outline planning permission for residential development and the formation of new vehicular access

 

Location:                    Land off Main Road, Long Bennington

 

Decision:                   Approved, subject to the completion of a Section 106 agreement

 

Noting an addendum to the report including responses and comments in relation to matters raised at the previous meeting from the Highway Authority and officer comment thereon, comments in relation to an ecological survey on bats, and officer comment thereon, and information in response to queries on the housing land supply and progress of the site allocations DPD; together with comments from Local Plans, Open Space Officer, Partnerships Projects Officer (Affordable Housing), Police Architectural Liaison Officer, Environmental Protection, Property and Facilities (Drainage), Arboricultural Consultant, Highway Authority, Anglian Water, Environment Agency, Upper Witham Internal Drainage Board, Heritage Lincolnshire (Archaeology), Principal Conservation Officer, Lincolnshire Wildlife Trust, Lincolnshire PCT, Lincolnshire Children’s Services and Environmental Protection (Noise), no objection from Severn Trent Water, Natural England or the Highways Agency, objections from the Parish Council and a number of local residents, and a note of the proposed Section 106 Heads of Terms; late information report circulated  to Members before the meeting including a letter from the occupier of a neighbouring property in relation to bats, and comments from the applicants Agent in response to this and other matters and officer comments thereon, 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 completion of a Section 106 agreement, to the conditions on pages 27 to 31 of the report, to an amendment to condition 8 to add at the end:

 

“The landscaping scheme to include for planting a hedge to the northern boundary, and its maintenance to a height of not less than 2 metres.”

 

and to condition 23 remaining as in the main report, rather than as amended in the late re[port, but subject to the height of the hedge being 3 metres, not 4 metres.

 

A Member drew attention to a reference on page 4 of the report in regard to the ecological survey that native species should be used in any planting of hedgerows, and asked if this could be included in amended condition 8.  The proposer and seconder agreed that this reference could be included in the condition, so that the first sentence would read:

 

“Landscaping details pursuant to condition 2c above shall include specific planting details including native species in relation to rein forcing the existing hedgerows along the boundaries of the site.”

 

The proposal was then put to the vote and it was agreed that the application be approved, with authority delegated to the Development Management Service Manager in consultation with the Chairman and Vice-Chairman subject to the summary of reasons set out in the Case Officer’s report, to the signing of a legal agreement to secure developer contributions and subject also to the conditions and notes set out in the report, and as amended above.  Where the legal agreement has not been completed prior to the committee meeting a period of six weeks post the date of the committee meeting shall be set for the completion (including signing) of the agreement.  In the event that the agreement has not been signed and where in the opinion of the Development Management Service Manager acting in consultation with the Chairman and Vice-Chairman of the committee there are no extenuating circumstances which would justify a further extension of time, the related planning application shall be refused on the basis that the necessary infrastructure or community contributions essential to make what would otherwise be unacceptable development acceptable have not been forthcoming.

 

KJC2

 

Application ref:         S12/0484/MJRO

 

Description:               Erection of 55 residential units (including 8 affordable units) Outline

 

Location:                    Barrack Gardens/Beacon Lane Allotments, Beacon Lane, Grantham

 

Decision:                   Deferred

 

Noting comments made during the public speaking session from:-

 

                        Mark Mann – agent

 

together with comments from the Highway Authority, no objection from Natural England, Lincolnshire Wildlife Trust or Planning Policy, comments from Lincolnshire Wildlife Trust, Environment Agency, LCC Children’s Services, NHS Lincolnshire, Arboricultural Consultant, Environmental Protection, Police Architectural Liaison Officer, Heritage Trust Lincolnshire, Anglian Water, Upper Witham Internal Drainage Board, Affordable Housing Officer, Principal Conservation  Officer and Grantham Civic Society and a number of letters of objection from nearby residents; late information report circulated to all Members before the meeting, including, in full, a letter and accompanying photographs from a nearby resident, officer comment  thereon and a suggested amended condition, advice from the Case Officer that a new drainage condition would be required, 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 pages 51 to 54, to the condition in the late report and to the condition in regard to drainage.

 

Following a lengthy discussion, particularly in relation to the access, traffic and parking problems, the proposition was put to the vote and was lost.

 

It was then proposed and seconded that the application be refused on highway grounds, specifically the cumulative impact of the application on traffic and parking, ecological grounds, density of the development and its impact on the new conservation area and the street scene.

 

The Solicitor reminded Members of the rules in the Constitution which must be followed when the Committee were proposing to take a decision against the advice of the Development Service Manager, which was to approve. 

 

The Development Management Service Manager reiterated points made earlier in regard to traffic, and the assessment which had been carried out, and confirmed that previous objections of a similar nature had been discounted at appeal.  Similarly the ecological report had been completed and re-surveyed by a reputable person and no concerns had been raised.  He confirmed that he could not support a refusal for the reasons raised.

 

The Committee Support Officer then detailed the provisions in the Constitution relating to the procedure to be followed.  Members were advised that if the proposition was carried, any Member voting for it should then submit the detailed reasons for refusal to the Development Management Service Manager within 5 working days.  The vote today, and any subsequent vote, would be recorded, and on this first vote they would be minded to refuse.

 

A recorded vote was then taken as follows:-

For                                   Against                              Abstain

Councillor Ashberry                 Councillor Higgs             Councillor Cook

Councillor Morgan        Councillor Howard          Councillor Kaberry-Brown

Councillor Powell         Councillor Vic Kerr          Councillor Adam Stokes

Councillor Stevens       Councillor King                Councillor Brenda Sumner

Councillor Wren            Councillor Jacky Smith    Councillor Woolley

                                         Councillor Wilkins

 

The proposition was lost.

 

It was then proposed and seconded that further consideration of the application be deferred for further information/clarification to be obtained in regard to the access and traffic (and for comments from the highway authority), the impact on the conservation area, density and ecology.

 

On being put to the vote, the proposal was carried and the consideration of the application deferred for the reasons above.

 

AH1

 

Application ref:         S11/2619/FULL

 

Description:               Use of land as grass airstrip and erection of building for storage of aircraft and agricultural machinery

 

Location:                    Manor Farm, Wilsthorpe Road, Braceborough, Stamford, PE9 4NX

 

Decision:                   Approved

 

Noting comments made during the public speaking session from:-

 

                        Councillor Channell – local representative

                        Mr P Shotbolt – in support

 

together with comments from the Parish Council and Environmental Protection, no objections from the Highway Authority, Civil Aviation Authority or Ministry of Defence and objections/support from local residents together with representations from and on behalf of Spa House; late information report circulated to Members before the meeting, including further information from a local resident and officer comment thereon, 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, as follows:-

 

 

 

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
   
   
   
2. Unless otherwise required by another condition(s) of this permission the development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:
   
   Site Plan (Scale 1:1250) received on 25 October 2011
   Proposed Building Drawing (Scale: 1:100) received on 31 October 2011
   Site Plan of Proposed Air Strip and Building (Scale 1: 2500) received on 15 November 2011
   
   
   
   
3. This permission insofar as it relates to the use of part of the agricultural lands at Manor Farm as an air strip shall operate solely for the benefit of Mr Philip Shotbolt (Pilot licence No. UK/PP/253327H/A) as the sole pilot of the light aircraft and shall not run with the land comprising the application site. Upon the cessation of the airstrip use by Mr Philip Shotbolt (Pilot licence No. UK/PP/253327H/A), the land shall be returned to agricultural use and the storage building hereby permitted shall thereafter solely be used for agricultural storage purposes in association with Manor Farm.
   
   
   
4. Except in an emergency, and unless otherwise agreed in writing by the local planning authoirty, the air strip hereby permitted shall only be used for the taking off/landing of the following specific light aircraft:-
   
   Tiger Moth ref: DH82A
   Auster ref: J1N
   Vans ref: RV6
   
   
   
5. The air strip hereby permitted shall be used for the taking off and landing of light aircraft purposes only and no business or commercial uses or training activities shall be carried out from the airstrip.
   
   
   
6. The air strip hereby permitted shall not be used by light aircraft for the purposes of aerobatics or parachute activity.
   
   
   
7. There shall be no circuit flying or touch and go flying at any time and there shall be no light aircraft testing or taxiing on the airstrip at any time unless it is in association with take off or landing movements.
   
   
   
8. The use of the airstrip for the taking off and landing of light aircraft shall be in accordance with the following requirements :-
   
   (a) There shall be a maximum total of one hundred (100) take-offs and one hundred (100) landings on the airstrip in any calendar year, of which no more than a maximum total of ten (10) take-offs and ten (10) landings on the airstrip shall be undertaken within a single week period.
   
   (b) There shall be no take-offs and landings on the airstrip on at least one weekend in every period of four weekends. 
   
   (c) There shall be a maximum total of two (2) take-offs and two (2) landings on the airstrip on any day
   
   For the purposes of this condition the ‘calendar year’ (referred to at paragraph (a)) shall run from 1 January - 31 December, a ‘single week period’ (referred to at paragraph (a)) shall run from Monday to Sunday, a ‘weekend’ (referred to at paragraph (b)) shall comprise Saturday and Sunday only and the first ‘period of four weekends’ (referred to at paragraph (c)) shall commence on the first Saturday following the first bringing into use of the airstrip.
   
   
   
9. All light aircraft movements from the air strip shall be kept in a 'movement log' which shall be made available for inspection by the Local Planning Authority within 14 days of a written request by the Authority.
   
   
   
10. There shall be no take-offs and landings on the airstrip outside the hours of 08:00 to 20:00 on any day except in an emergency.
    
    
    
11. Auxiliary power units shall not be used at the site at any time.
    
    
    
12. The proposed storage building shall have a dark green finish to its external elevations as per the details set out on the submitted application forms.
    
    
    
13. Posts with warning flags/windsocks shall be provided within the lands at Manor Farm to the north and south of the proposed air strip in accordance with a scheme that has been first submitted to, and approved in writing by, the Local Planning Authority before the airstrip hereby permitted is first brought into use.  The scheme shall be implemented in strict accordance with the agreed details and the posts retained available for use at all times. The approved warning flags/windsocks shall be flown from the posts continuously on all days of operation from before the first aircraft movement to/from the airstrip until the completion of the final aircraft movement to/from the airstrip.
    
    
    
14. There shall be no storage of aircraft or associated equipment outside the storage building hereby permitted at any time.
    
    
    
15. No flying activities shall commence to/from the air strip hereby approved by this permission until details of a scheme(s) for the publicising by electronic media of the use of the air strip on any day prior to any flying activities taking place to/from the airstrip have been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be implemented in strict accordance with the agreed details.
    
    
    

Note(s) to Applicant

1. Your attention is drawn to the attached comments of the Civil Aviation Authority and the Ministry of Defence.

 

 

 

(The meeting adjourned from 3pm to 3.20pm).

 

(Councillor Wren did not return to the meeting on its resumption).

 

SP1

 

Application ref:         S13/0322/OUT

 

Description:               Erection of one dwelling – outline application with details of layout provided

Location:                    Rear of Holmleigh, Honington Road, Barkston, Grantham, NG32 2NG

 

Decision:                   Refused

 

Noting comments made during the public speaking session from:-

 

Councillor Maryan Nussey – Chairman of Barkston and Syston Parish Council

 

together with an objection from the Parish Council, comments from the District Archaeologist and no objection from the Highway Authority, subject to conditions, together with objections from nearby residents; late information report circulated to Members before the meeting with further objections from nearby residents, and officer comments thereon, and a suggested additional condition in relation boundary treatment, and comments made by Members at the meeting.

 

It was proposed and seconded that the application be refused on grounds of backland development resulting in a lack of privacy for surrounding residents, density and highway grounds (access onto a busy road).

 

The Development Management Service Manager said that he would have no objection to a refusal on the grounds mentioned, except for the highway grounds, as the Highway Authority had not objected.  This was accepted by the proposer and seconder.

 

On being put to the vote, the proposition was carried, and the application was refused for the following reasons:-

 

The proposal would constitute backland development with an unacceptable density and would result in development which would be unduly intrusive on the amenities of the occupiers of the neighbouring dwellings.

As such the proposal would be contrary to Policy EN1 (Protection and Enhancement of the Character of the District)of the adopted Core Strategy (July 2010), and the advice contained in national policy guidance, Planning Policy Statement 1 (Delivering Sustainable Growth), Planning Policy Statement 3 (Housing).

 

 

SP2

 

Application ref:         S13/0671/FULL

 

Description:               Erection of permanent storage unit

 

Location:                    9,Ruston Road, Grantham, Lincolnshire, NG31 9SW

 

Decision:                   Approved

 

(3.48pm – Councillor Wren returned to the meeting).

 

Noting no objection from the Highway Authority or Environmental Health; late information report circulated to Members prior to the meeting with comments from the District Archaeologist, 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 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.
   
   
   

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.

 

 

 

PWM1

 

Application ref:         S12/2411/FULL

Description:               Wind turbine (500kw, hub height 50m, height to blade tip 74m and rotor diameter 48m) and associated works

 

Location:                    Land off Green Lane, Marston, Grantham

 

Decision:                   Refused

 

Noting comments made during the public speaking session from:-

 

                        Christina Lees – objecting

                        Roger Kingscott – objecting

                        David Smith – objecting

                        Patrick Traynor – objecting

                        Peter Caswell – objecting

                        Tracey Gardner – objecting

                        Emma Winter – agent

 

together with comments from the Community Archaeologist, Principal Conservation Officer, English Heritage (comments in full), National Trust, CPRE, Highway Authority, Civil Aviation Authority, Anglian Water and the Joint Radio Company, no objection from the Highways Agency, Natural England, NATS, MOD, Environment  Agency, Upper Witham Internal Drainage Board or Ofcom, objections from Marston, Foston, Allington, Sedgebrook, Barkston and Syston, Long Bennington, Carlton Scroop and Normanton and Westborough and Dry Doddington Parish Councils, no objection from Great Gonerby Parish Council, objections from Belvoir Locals Opposing Turbines, a large number of objections from local residents and an additional statement from the applicant in support; late information report circulated to Members before the meeting including a note about the revocation of Policy RSS8, comments (in full) from the National Trust, further objections from the members of the public, further representations from Marston Parish Council, issues raised by Members on the site visit, further information submitted by the applicant and officer comments thereon, photomontages/plans circulated at the meeting by the applicant’s agent, and a note from the Case Officer of a further 15 letters of objection, report of site inspection and comments made by Members at the meeting.

 

(5.20pm – Councillor Higgs left the meeting).

 

(5.23pm – Councillor Higgs returned to the meeting).

 

It was proposed and seconded that the application be refused on grounds of the adverse visual impact on heritage assets and the impact on landscape character.

 

On being put to the vote, the proposition was agreed, and the application refused for the following reasons:-

 

REASON 1

It is considered that the proposed wind turbine, by virtue of its scale, nature and location would be a visually intrusive feature which would be detrimental to the landscape character of the area. It is considered that in this case the positive benefits of renewable energy are outweighed by the negative impact set out above. The proposal is therefore considered to be contrary to The National Planning Policy Framework (Section 11 Conserving and enhancing the natural environment, Section 10 Meeting the challenge of climate change and flooding and Section 7 Requiring good design),  and policies EN1 and EN3 of the South Kesteven Core Strategy

 

 

REASON 2

It is considered that the proposed wind turbine, by virtue of its scale, nature and location would have a harmful impact on the settings of nearby heritage assets including Belton House (Grade I), Belton Park and Gardens (Grade I), Belmount Tower (Grade II*), St Mary's Church, Marston and St Peter's Church Foston. Whilst the harm is considered to be less than substantial, in this case the positive benefits of renewable energy are considered to be outweighed by the negative impact set out above. The proposal is therefore considered to be contrary to The National Planning Policy Framework (Section 12 - Conserving and enhancing the historic environment and Section 10 -  Meeting the challenge of climate change and flooding) and policies EN1 and EN3 of the South Kesteven Core Strategy.

 

 

It is considered that the reasons given above are fundamental issues that cannot be overcome by mitigation measures or amended plans. Consideration has not been delayed by discussions which cannot resolve the reasons for refusal and a decision has been issued in a timely fashion. As such it is considered that the decision is in accordance with paras 186 -187 of the National Planning Policy Framework.

 

NB1

 

Application ref:         S13/0270/FULL

 

Description:               Conversion of building (old bakery) to a dwelling

 

Location:                    R/O 54, North Street, Bourne

 

Decision:                   Approved

 

Noting no objection from Planning Policy, the Highway Authority or Bourne Town Council, a letter from a local resident 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. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no extension, enlargement or other alteration of the building(s) shall be carried out without Planning Permission obtained from the Local Planning Authority.
   
   
3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no window, dormer window or rooflight other than those expressly authorised by this permission shall be constructed without planning permission having first been obtained from the Local Planning Authority.
   
   
   
4. Notwithstanding the detail identified on the application form, only timber doors and windows shall be used in the external elevation of the building.
   
   
   
5. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:
   
   200113/01
   200113/02
   200113/05a
   
   
   

 

 

PJM1

 

 

Application ref:         S13/0594/HSH

 

Description:               Elevated single story external scooter store

 

Location:                    82, Kinoulton Court, Grantham, Lincolnshire, NG31 7XR

 

Decision:                   Approved, subject to no adverse observations by the 25^th April 2013

 

(5.40pm – Councillor Powell left the meeting).

 

(5.44pm – Councillor Powell returned to the meeting).

 

Noting comments made by Members at the meeting.

 

It was proposed, seconded and agreed that the application be approved, with authority delegated to the Development Management Services Manager, in consultation with the Chairman and Vice-Chairman, if no adverse observations by the 25^th April 2013, 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 commenced before the expiration of three years from the date of this permission.
   
   
   
2. The development hereby permitted shall be constructed from the materials specified within the submitted application forms dated 28th February 2013.
   
   
   
3. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:
   
   Drawing Number DFA 1201-02 dated 7th March 2013
   Drawing Number DFA 1201-03 dated 7th March 2013
   
   
   

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.