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 this 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:-

 

NB1

 

Application ref:         S13/0751/FULL

 

Description:               Erection of dwelling

 

Location:                    Westfield House, 39A, Empingham Road, Stamford, Lincolnshire

 

(1.12pm – Councillor Mrs Brenda Sumner left the meeting, having declared an interest).

 

(1.13pm – Councillors Vic Kerr and Morgan entered the meeting).

 

Decision:                   Refused

 

Noting comments made during the public speaking session from:-

 

                        Dave Curry – objecting

                        Susan Bishop – objecting

                        David Allen – objecting

                        Janet Wilson – objecting

                        Mrs E Treanor – applicant

 

together with comments from Heritage Lincolnshire, no objection from the Highway Authority, an objection from Stamford Town Council and objections from nearby residents; late information report circulated to Members prior to the meeting including 9 further letters of objection from local residents and officer comment thereon, report of site inspection and comments made by Members at the meeting.

 

(1.38pm – Councillor Powell entered the meeting).

 

It was proposed and seconded that the application be refused for the reason set out in the report.

 

Before the vote was taken a Member queried whether she was able to vote, as she had arrived late at the meeting.  The Solicitor advised that as the Member had not heard all the officer presentation, she should not vote.

 

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

 

The proposed dwelling, by virtue of its scale, mass, siting and design would result in a cramped form of development causing demonstrable harm to the character of the area and having an over-dominating visual impact upon the amenities of nearby residents.  The application is, therefore, deemed contrary to Core Strategy policy EN1 and guidance contained in the National Planning Policy Framework (paragraph 17); with no other material planning considerations to indicate that the application should be determined otherwise. 

 

KJC1

 

Application ref:         S10/1805/FULL

 

Description:               Residential Development for the creation of nine flats including          

                                    demolition of the existing building

 

Location:                    20b, Swinegate, Grantham

 

Decision:                   Deferred

 

Application deferred pending an assessment of the submitted development appraisal.

 

(1.43pm – Councillor Mrs Brenda Sumner returned to the meeting).

 

 

 

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:                   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, from the Conservation Officer in response to the impact on the Conservation Area, and officer comment in regard to the density and ecology; 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, together with a lengthy response from the applicants to matters raised by Members; late information report circulated to all Members before the meeting, including, in full, a letter from a nearby resident, and a letter and colour plans, drawings and photographs from the applicants’ agents, officer comment  thereon and a suggested amended condition; ecology report circulated to Members prior to the meeting by Councillor Morgan, and comments made by Members at the meeting.

 

A Member suggested that consideration be deferred to enable consideration of the ecology report, which had only been circulated shortly before the meeting.  The Development Management Service Manager clarified the information submitted, and referred to the report attached to the agenda. This was a full ecological report which had been accepted by the statutory consultees.  The very late report now before Members was not based on a site survey.  There was a suggested condition in the late report which, if accepted, would require the production of an updated report prior to the commencement of development.  In his opinion, there was no reason to defer.

 

It was proposed and seconded that the application be approved.

 

In referring to comments made earlier regarding the viability of the scheme, a Member proposed an amendment to include an overage agreement, within the Section 106 agreement, as follows:-

 

“To cater for any possible uplift in housing values, it is proposed to include an overage agreement on the basis of, say, 60% of any uplift for the developer and 40% to the Council as an additional affordable housing contribution (or similar to be negotiated)”.

 

The proposer and seconder agreed to include this within the proposition.

 

Following comments from Members in relation to the design and adoption of the roads on the site, it was agreed to include an additional condition requiring the developer to submit details requiring the makeup and construction of roads on the site.

 

The Chairman reminded Members that  the proposition to approve would be subject to the completion of a Section 106 agreement in the usual style, to include the Heads of Terms listed on pages 37/38 of the report, and the amendment regarding the overage agreement as noted above, to the conditions listed in the main report on pages 38 to 41, and the additional condition on page 7 of the late report and the condition regarding the makeup and construction of roads on the site, as mentioned in the preceding paragraph.

 

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, including an overage agreement, and subject also to the conditions and notes set out in the report, and as added in the late report, and also in relation to the makeup and construction of roads on the site.  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.

 

 

AH1

 

Application ref:         S13/0232/FULL

 

Description:               Change of use from office (Class B1) use to public house (Class A4) use including external alterations and associated works along with the provision of an outside seating area and detached smoking shelter

 

Location:                    Mercury House, 7, Sheep Market, Stamford, Lincolnshire      

 

Decision                    Approved

 

Noting comments made during the public speaking session from:-

 

                        Julian Sutton – agent

 

together with comments from the applicant’s agent confirming the omission of the smoking shelter from the proposal and submitting further supporting information, no objection from Stamford Town Council, the Highway Authority, Stamford Civic Society, Heritage Trust of Lincolnshire, or the Conservation Officer in relation to the proposal as amended, comments from Environmental Protection and a number of letters of objection from local residents; late information report circulated to Members prior to the meeting in relation to the removal of the smoking shelter and officer comment thereon; report of site inspection and comments made by Members at the meeting.

 

(2.55pm – Councillor Higgs left the meeting).

 

(2.58pm – Councillor Higgs returned to the meeting).

 

It was proposed and seconded that the application be approved, subject to the conditions in the report on pages 57 to 59.

 

As an amendment, it was proposed and seconded that a condition be added to ensure that loose outside seating in the beer garden area be brought inside when not in use.  The Solicitor reminded Members that conditions should be relevant to planning, and a planning reason should be stated.  The Case Officer suggested that the aim of removing furniture could be achieved by a note to the applicant, requiring a physical barrier after closing hours.  It was proposed and seconded that such a condition be imposed.

 

 The proposer of the amendment then withdrew her proposition and the proposer and seconder of the original motion agreed to include the additional condition within their proposal.

 

The Head of Development and Growth outlined the proposal on which Members would be voting, and advised that the aim of the addition condition regarding a physical barrier after closing hours could be achieved by an amendment to condition 5.

 

The proposition as amended was then put to the vote and agreed, and the application was therefore 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. Unless otherwise required by another condition 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:
   
   Drawing No. 7027-001-A
   Drawing No. 7027-110-B
   Drawing No. 7027-111-B
   Drawing No. 7027-112
   Drawing No. 7027-201-D
   Drawing No. 7027-202-C
   Drawing No. 7027-203-C
   
   
   
3. No development shall commence on the site until drawings showing full details (including cross-sections and external finishes) of the proposed new and replacement window units, the proposed new and replacement external door units and the proposed new atrium at a scale of 1:1/1:2/1:10/1:20 (or another scale first agreed in writing by the Local Planning Authority) have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in strict accordance with the agreed details.
   
   
4. No development shall commence on the site until samples of all new external materials and external finishes to the premises (including to all external services such as vents/flues) and samples of the proposed paving stones/slabs to be used to the open courtyard area have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in strict accordance with the agreed details.
   
   

5.    No development shall commence on the site until details of the siting and appearance of the proposed outdoor furniture and associated structures to be located within the open seating area/beer garden have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of a moveable/removable barrier to be erected across the full width of the Sheep Market frontage of the open seating area/beer garden when the premises are closed to customers. The development shall be implemented in accordance with the agreed details and the approved moveable/removable barrier shall be erected and retained in situ in the agreed position on the open seating area/beer garden at all times when the premises are closed to customers.

 

6. No development shall commence on the site until the building has been modified to provide sound insulation/attenuation against internally generated noise in accordance with a scheme which shall have been submitted to and approved in writing by the Local Planning Authority.  The approved sound insulation/attenuation scheme shall be installed before the premises are first brought into use as a public house and shall thereafter be retained in situ at all times.

 

7. Notwithstanding the details shown on the approved drawings no flues, extract grills, air condition systems or any other means of ventilation/extraction shall be installed to the premises and operated until details of equipment for the suppression of fumes, odours and/or dust including details of the noise attenuation together with a maintenance schedule for the future operation of that equipment have been submitted to and approved in writing by the Local Planning Authority.  The approved scheme(s) shall be installed in accordance with the approved details and brought into operation before the premises are first brought into use as a public house. The approved scheme(s) shall thereafter be maintained in accordance with the approved maintenance scheme and retained in use at all times during the hours of operation of the premises.

 

8. There shall be no live or recorded music played on the premises including the outside seating area/beer garden area unless otherwise agreed in writing by the Local Planning Authority. 

 

9. No development shall commence on the site until details of a scheme for the means of the collection of litter to the open seating area/beer garden have been submitted to and approved by the Local Planning Authority. Upon the first commencement of the public house use the scheme shall be implemented in strict accordance with the agreed details and shall thereafter be retained at all times.

 

10. All fire exit doors as notated on the approved drawings shall be retained in a closed position at all times unless they are in use for the purposes of providing a means of escape in the case of an emergency/emergency fire drill.

 

11. No customers shall be on the public house premises including the outside seating area/beer garden area outside the hours of 0800 hours to 2330 hours Monday to Saturday and 0800 hours to 2300 hours on Sundays.
    
    
12. There shall be no deliveries to the premises outside the hours of 0800 hours to 18.00 hours Monday to Sunday.
    
    
13. Notwithstanding the details shown on the submitted plans no part of any solar panel or its associated fixings/equipment shall exceed the height of any part of the parapet to the main entrance of the public house premises facing onto Sheep Market.

 

14. The window unit(s) to the southern elevation of the premises shall have obsure glazing to level 4 standard along with fixed lights (i.e. non-opening window units) at all times.

 

 

(The meeting adjourned from 3.38pm to 4pm).

 

(Councillor Ashberry was not present on the resumption of the meeting).

 

(4.02pm – Councillor Ashberry returned to the meeting).

 

PWM1

 

Application ref:         S12/3241/EIAFP

 

Description:               Erection of 4 poultry units, 2 control rooms, office and general purpose building, feed bins, hardstanding, gas tanks and electric substation. Upgrade/extension of access road to allow access from Newark Hill

 

Location:                    Land off Fallow Lane, Foston

 

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

 

Noting comments made during the public speaking session from:-

 

                        John Munro – objecting

                        Christina Lees – objecting on behalf of Foston Conservation Group

                        Bob Harrison – objecting

                        Tracey Gardner – objecting on behalf of Foston Parish Council

                        Robert Edwards – applicants’ agent

 

together with no objection from the Highways Agency, Natural England, Environment Agency or Upper Witham Internal Drainage Board, comments from the Highway Authority, LCC Footpaths Officer, Anglian Water and Environmental Protection, and objections from Foston, Marston and Long Bennington Parish Councils, together with a number of objections and four letters in support from local residents, together with a note of the Section 106 agreement Heads of Terms; late information report circulated to Members prior to the meeting including a reference to a further 23 letters of objection, further representations from Foston Parish Council, applicant’s response to speed reading claims, no objection from the Highway Authority, subject to conditions, and officer comment on all the issues raised; amended schedule of conditions circulated to Members at the meeting; report from the Case Officer of 9 further objections since the late report, report of site inspection and comments made by Members at the meeting.

 

(5pm – Councillor Bob Sandall left the meeting).

 

It was proposed and seconded that the application be approved, subject to the amended schedule of conditions circulated, but subject also to an addition to condition 3, as follows:-

 

“In particular the scheme will include measures to protect, reinforce and maintain the existing hedge which separates the Viking Way long distance footpath from the new haul road”;

 

and to an addition to the reason for condition 8, after the words “public highway” as follows:-

 

“and of the Viking Way long distance footpath”.

 

The above amendments were submitted in writing.

 

(5.25pm – Councillor Higgs left the meeting).

 

(5.27pm - Councillor Higgs returned to the meeting).

 

A Member suggested that measures were needed to prevent lorries turning left from the Newark Hill end of the haul road, through Foston village, in an attempt to shorten the journey to the A1 south, and that possibly a weight restriction would achieve this aim. 

 

The Head of Development and Growth advised that this could be included with the proposed Section 106 agreement, and this was accepted by the proposer and seconder of the motion to approve.

 

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 an HGV routing agreement and a weight restriction in Foston village as noted above, and subject also to the conditions as circulated, 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.

 

(5.46 pm – Councillor Cook left the meeting).

 

PL1

 

Application ref:         S13/0991/MJNF

 

Description:               Removal of condition 1 of p/p S12/2310 to allow 24 hour deliveries

 

Location:                    Tesco Store, Cherry Holt Road, Bourne, Lincolnshire

 

Decision:                   Approved

 

Noting comments made during the public speaking session from:-

 

                        Rachel Wilbraham – agent

 

together with no objection from Environmental Protection or the Highway Authority and objections from nearby residents; late information report circulated to Members prior to the meeting including an objection from Bourne Town Council and four further responses from local residents, together with officer comment thereon, and comments made by Members at the meeting.

 

Members commented on the potential noise nuisance from activities outside, specifically cages and pump trucks, but the Development Management Service Manager pointed out that this was already covered within the yard management plan.

 

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 arrangements shown on the approved plan 6514/P02 Rev C received 14 January 2010 for the parking/turning/manoeuvring/loading/unloading of vehicles shall be available at all times when the premises are in use. 

 

2. The development shall operate in accordance with the Travel Plan submitted to and approved in writing by the local planning authority on 12 January 2011 under planning permission S10/2544.  An annual  staff survey shall be analysed and submitted to the local planning authority that will provide details of the implementation of the Travel Plan. The occupier shall ensure that travel arrangements are fulfilled in accordance with the Travel Plan, unless the local planning authority stipulates approval to any variation.
   
   
3. Within seven days of the new access being brought into use, the existing access onto the A151 Cherry Holt Road shall be permanently closed in accordance with a scheme to be agreed in writing by the local planning authority.

 

4. Prior to occupation of the hereto permitted development being brought into use, the works to improve the public highway indicatively identified on drawing 6512/P02 Rev C 14 January 2010 (by means of widening with a Ghost Island Right Turn Lane on Cherry Holt Road together with all ancillary works) shall be completed to the satisfaction of the local planning authority.

 

5. The surface water drainage scheme shall  be implemented in accordance with the details approved on 23 September 2010 under planning permission S10/1761.

 

6. The development hereby approved shall be carried out in strict accordance with the amended lighting plan LS182 11/1 dated 10 March 2010.

 

7. The acoustic fence/wall as agreed on 23 september 2010 under planning permission S10/1761 shall be maintained in perpetuity.
   
   
   
8. The development shall be carried out on accordance with the servicing management plan as agreed under planning permission S12/3255 to ensure that nearby residential areas are protected from noise related to the delivery movements.

 

9. The development hereby approved shall only be carried out in strict accordance with the conclusions and recommendations of the Contaminated Land Report submitted by Delta Simons reference 09-3121.03 received on 13 January 2010 and in accordance with the approved ground gas remediation scheme details agreed on 23 September 2010 under planning permission S10/1761.

 

10. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

 

11. The development shall be constructed to accord with the finished floor levels indicated on plan ref. 6514/P06 received 14 January 2010.

 

12. The development shall be constructed from the materials indicated on drawing number 6514/P03 Rev C unless otherwise agreed in writing by the local planning authority.
    
    
13. No more than 2,814 sq.m. of floor area shall be used for direct retail sales.

 

14. There shall be no variation of the internal subdivision of the retail units without prior written approval from the district planning authority.

 

15. No more than 2,129 square metres of the net sales floorspace shall be used for the sale of convenience shopping goods including everyday essentials including food, drinks, newspapers, magazines and confectionary.  The remaining 684 square metres of net sales floorspace shall only be used for the sale of comparison shopping goods including clothing, electrical goods, books, toys, entertainment media, kitchenware and hardware.
    
    
    

 (6.15pm – Councillor Cosham left the meeting).

 

LDPP1

 

Application ref:         S13/0980/HSH

 

Description:               Proposed terrace to rear of dwelling and erection of single storey double garage

 

Location:                    106, Harrowby Road, Grantham, Lincolnshire

 

Decision:                   Approved

 

Noting the late information report circulated to Members prior to the meeting, including comments from the Conservation Officer and a suggested additional condition, 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.    The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:

Design and Access Statement received 16-4-2013
Drawing Number 004 Proposed garage and terrace received 16-4-2013
Drawing Number 002 Dimensioned Block Plan received 16-4-2013

 

3.    The external finishes of the garage hereby permitted shall match in colour and texture those of the dwelling house.

 

PJM1

 

Application ref:         S13/1092/HSH

 

Description:               Single storey side extension

 

Location:                    7, Applewood Drive, Grantham, Lincolnshire

 

Decision:                   Approved

 

Noting late information report circulated to Members prior to the meeting, including one representation from a local resident and officer comment thereon, comments made by Members at the meeting, and a suggested amendment to condition 3 from the Case Officer.

 

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. The external finishes of the development hereby permitted shall match in material, colour, style, bonding and texture those of the existing building.

 

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 Sheet Number 1 dated 3^rd June 2013

Drawing Sheet Number 2 dated 3^rd June 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.