Agenda item
PLANNING MATTERS
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 agenda, but this may be subject to change, at the discretion of the Chairman of the Committee.
Minutes:
EXCLUSION OF THE PUBLIC
The Chairman introduced planning application S13/0775, and it was proposed and seconded that
IN ACCORDANCE WITH SECTION 100A (4) OF THE LOCAL GOVERNMENT ACT 1972, THE PUBLIC BE EXCLUDED FROM THE MEETING BECAUSE OF THE LIKELIHOOD, IN VIEW OF THE NATURE OF THE BUSINESS TO BE TRANSACTED, THAT IF MEMBERS OF THE PUBLIC WERE PRESENT, THERE WOULD BE A DISCLOSURE TO THEM OF EXEMPT INFORMATION AS DEFINED IN PARAGRAPH 5 (LEGAL PRIVILEGE) OF PART 1 OF SCHEDULE 12A OF THE ACT.
This proposition was approved.
(1.10pm – the press, public, District Councillors not on the committee and officers not directly involved with the committee left the meeting).
Circulated to Members at the meeting was a detailed response to issues raised by a Solicitor on behalf of a developer and response from the County Council to a technical note received in relation to highway issues. These documents were read by Members at the meeting, and the officers present answered questions on them.
(1.50pm – the press, public, District Councillors not on the committee and officers returned to the meeting).
SB1
Application ref: S13/0775/EIAFP
Description: Construction of Southern Quadrant Link Road (SQLR)
Comprising new 3km single carriageway road between B1174 Spittlegate Level and A52 Somerby Hill including a new bridge spanning the East Coast Main Line and River Witham. Works to include a new 5 arm roundabout at B1174 Spittlegate Level, improvements to the existing A52/B6403 roundabout, associated new junctions/access roads, new cycleway/footpath at Whalebone Lane, site compound/construction and storage areas, recontouring of ground levels, formation of attenuation ponds and diversion of public right of way
Location: Grantham Southern Relief Road, Grantham
Decision: Approved
Noting comments made during the public speaking session from:-
Councillor Craft – local Member
Mike Sibthorp – on behalf of Springfield Park Properties
Les Outram - applicants
together with an executive summary of the application and notes on responses received following three rounds of consultation carried out in response to the submission of further and other information from the applicant, in relation to the initial consultation, and where applicable to consultations made under Regulation 22, from statutory consultees and other interested parties and individuals, all included within the circulated report; late information report circulated to Members before the meeting, including clarification of certain issues referred to in the report accompanying the agenda and confirmation of no objections from Network Rail, and comments made by Members at the meeting.
In introducing the report, the Head of Development Services advised Members that there were no outstanding procedural issues which would prevent them from determining the application today. The Case officer then presented a detailed report on the proposal.
The Chairman, in his detailed report on the site inspection, said that the inspection had included a tour of the whole area to enable the committee to see the site of the proposal from various viewpoints. He proposed, and it was seconded, that the application be approved subject to the conditions and notes on pages 29 to 35 of the report.
As an amendment to the proposition, it was proposed and seconded that a condition be added as follows:
“No development shall take place until the KING31 road link to the A1 is provided”.
The Chairman said that he was not bound to accept this amendment and wished the original proposition to stand.
The proposition was then put to the vote and agreed, and the application was 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 seven 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 and
documents submitted as part of the application:
Site Location Plan B/HRADB5081/01/7500
Site Plan B/HRADB5081/01/7501 RevA1
Site Plan B/HRADB5081/01/7502
Existing Levels and Contours B/HADB5081/01/7503
Existing Levels and Contours B/HRADB5081/01/7504
Scheme Cross Sections B/1045388-DWGHIG-001 RevA
Scheme Cross Sections B/1045388-DWGHIG-002 RevA
Option 2D General Arrangement B/93/23/65/STRDWG/001 RevB
Option 2D General Arrangement B/93/23/65/STRDWG/002 RevB
Option 2D Pier Elevations & Cross Sections
B/93/23/65/STRDWG/003 RevB
Option 2D Abutment Elevations & Cross Sections
B/93/23/65/STRDWG/004 RevB
Option 2D Underpass B/93/23/65/STRDWG/005 RevB
Option 2D General Arrangement B/93/23/65/STRDWG/006 RevA
Environmental Statement, Mouchel (March 2013)
Supplementary Environmental Statement, Mouchel (September
2013)
Supplementary Heritage Assessment, Mouchel (July 2013)
Supplementary Archaeological Information (October 2013)
Design and Access Statement, Mouchel (July 2013)
Grantham SQLR Drainage Design Strategy, Lincolnshire County Council
Highways Alliance (March 2013)
Transport Assessment, Lincolnshire County Council Highways Alliance
(March 2013)
3. No development shall commence until final details of the materials (including colour of paintwork) to be used in the construction of the proposed bridge have been submitted to and agreed in writing by the local planning authority. Only the agreed materials shall be used in the construction of the bridge.
4. No development shall commence until final details for (a) the construction specification of the proposed development comprising the road, bridge and associated structures and (b) a programme of work; have been submitted to and approved in writing by the local planning authority. The road, bridge, footways, cycleways and ancillary areas shall be designed to a specification to allow these elements to be adopted as Highway Maintainable at the Public Expense. The proposed development shall be constructed in accordance with the approved details.
5.
Development shall not commence until a scheme to
take up and re-site the highways/environmental features located on
the existing A52 Old Somerby roundabout has been submitted to and
agreed in writing by the local planning authority. The highways/environmental features shall be
reinstated on the new A52 Old Somerby roundabout in accordance with
the approved scheme before the roundabout is brought into
use.
6. Prior to commencement of use, details of all proposed lighting to be implemented as part of the development shall be submitted to and approved in writing by the local planning authority. The lighting shall be implemented in accordance with the approved details before the proposed development is brought into use.
7. No development shall commence until a detailed drainage strategy for the development has been prepared, in accordance with the Grantham SQLR Drainage Design Strategy, Lincolnshire County Council Highways Alliance (2013), submitted to and agreed in writing with the local planning authority. The approved scheme shall be implemented before the proposed development is brought into use.
8.
No development shall commence until details of the
implementation, maintenance responsibility and management of the
approved drainage scheme have been submitted to and approved in
writing by the local planning authority. The drainage scheme shall
be implemented and thereafter managed and maintained in accordance
with the approved details. Those details shall include:
i. a timetable for its implementation,
and
ii. a management and maintenance plan for the lifetime of the
development which shall include the arrangements for adoption by
any public body or statutory undertaker, or any other arrangements
to secure the operation of the sustainable drainage scheme
throughout its lifetime.
9. All existing drainage routes through the site should be maintained both during works on site and after completion of the development. Drainage routes include all methods by which water may be transferred through the site and shall include such systems as ‘ridge and furrow’ and ‘overland flows’. A method statement shall be submitted to and approved in writing by the local planning authority to ensure that upstream and downstream riparian owners and those areas that are presently served by any existing drainage routes passing through or adjacent to the site are not adversely affected by the development. The method statement shall take account of the effect of raising site levels on adjacent land.
10.No development
shall commence, including any works of demolition, until a
Construction Environmental Management Plan (CEMP) has been
submitted to and agreed in writing by the local planning
authority. The approved CEMP shall
include means of monitoring and compliance and shall be adhered to
throughout the construction phase of the development. As a minimum, the CEMP shall provide for the
following measures, but shall not be restricted to this list:
i.
identification of nearest residential properties and a
contacts/
complaints
procedure
ii.
details of hours of working
iii. the
parking of vehicles of site operatives and visitors
iv.
loading and unloading of plant and materials
v.
storage of topsoil, plant and materials used in constructing
the
development
vi.
storage of fuel and refuelling
vii. the
construction of screen mounds and fencing around site
compounds, topsoil storage and working areas
viii. monitoring of
topsoil resource to ensure correct storage and
separation of soils for re-use
ix. wheel
washing facilities
x.
measures to control the emission of noise, vibration, dust and
dirt
during construction
xi. a
scheme for recycling / disposing of waste resulting from
demolition and construction works
xii. further
detail on the daily anticipated vehicle movements
means of access and
routing plan for deliveries, construction traffic
and movement of excavated material such that use of B1174 and A52 via Gainsborough Corner is minimised and that Whalebone Lane (to the south of the proposed development) is not used at all
xiii. measures to provide adequate signing/warning to highway users of increased turning movements in and around the points of temporary access
xiv. control and management of arrivals and departures to minimise risk of conflict or amassing of vehicles at the access and within the limits of the highway
xv. measures to prevent pollution of the water environment including ground water, the River Witham and other surface waters
xvi. construction method statement, a programme of water quality monitoring and post-construction geomorphological monitoring for construction works in or near the River Witham
xvii. control of lighting
xviii. protection of existing trees, hedgerows and vegetation
xix. measures to protect protected species (bats, badgers and breeding birds) and ecologically sensitive areas (SNCI / LWSs, calcareous grassland, hedgerows, trees and woodland)
xx. measures to protect archaeological remains
11.No development shall commence until a scheme and timetable to restore the land proposed to be used as temporary site compounds and topsoil storage areas, shown on Drawings: Site Plan B/HRADB5081/01/7501 RevA1 and Site Plan B/HRADB5081/01/7502, following the end of the construction phase has been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in accordance with the agreed timetable.
12. No development shall commence until a detailed method statement and construction drawings, to include full details of any proposed temporary works in, under, over or within 9m of the landward edge of the toe of the bank of the River Witham, designated a 'main river', has been submitted to and agreed in writing by the local planning authority. The method statement should take account of modelled flood levels and extents and ensure that the works are capable of withstanding high flows without impeding these flows or increasing flood risk. If necessary, contingency plans should be in place to make the works safe in the event of forecast flooding. The development shall proceed in accordance with the approved details.
13.No development shall commence until a detailed scheme and timetable for the provision of noise mitigation measures proposed in the Environmental Statement (Mouchel, March 2013) has been submitted to and approved in writing by the local planning authority. The scheme shall mitigate any predicted long term increases in noise over 3 dB(A) above baseline noise levels (LA10,18h), set out in Table 11-8 of the Environmental Statement, for the four properties located in the vicinity of the Anglian Water Waterworks and Daily Mail Cottage. The scheme shall include a programme for post-implementation monitoring and compliance. The development shall only be implemented in accordance with the agreed scheme and timetable.
14.No hedge or tree that is to be removed as part of the development hereby permitted shall be lopped, topped, felled or otherwise removed during the bird nesting period (beginning of March to end of August inclusive) or where survey work by a suitably qualified ecologist has confirmed the absence of breeding birds.
15.No development
shall take place until full details of planting and landscaping
(including planting plans; written specifications; schedules of
plants, noting species, plant sizes and proposed numbers/densities
where appropriate; implementation programme) have been submitted to
and approved in writing by the local planning
authority. All planting, seeding or
turfing comprised in the approved details of landscaping shall be
carried out in the first planting and seeding season following the
completion of the development, whichever is the sooner; and any
trees or plants which within a period of five years from the
completion of the development die, are removed or become seriously
damaged or diseased shall be replaced in the next planting season
with others of similar size and species, unless the local planning
authority gives written consent to any variation.
The landscaping scheme shall include new areas of native species
rich grassland mix (including calcareous grassland), new
species-rich hedgerow planting and native broad-leaved tree
planting by way of mitigation for the loss of such features through
development as proposed in Table 1.9 of the Supplementary
Environmental Statement (Mouchel, September 2013).
16.
All hard and soft landscape works shall be carried
out in accordance with the approved details. The works shall be carried out prior to the
occupation of any part of the development or in accordance with the
programme agreed in writing by the local planning
authority.
17.
No development shall commence until a Written Scheme
of Archaeological Investigation, having regard to the Supplementary
Heritage Assessment (Mouchel, July 2013), and Supplementary
Archaeological Information (Mouchel, October 2013), has been
submitted to and approved in writing by the Local Planning
Authority. This scheme should include the following:
1. A proposed mitigation strategy (preservation by record,
preservation in-situ or a mix of these elements)
2. A methodology and timetable of site investigation and
recording
3. Provision for site analysis
4. Provision for publication and dissemination of analysis and
records
5. Provision for archive deposition
6. Nomination of a competent person/organisation to undertake the
work
7. The scheme to be in accordance with the Lincolnshire
Archaeological Handbook.
The proposed development shall only be carried out in accordance
with the approved scheme. The applicant
shall notify the local planning authority of the intention to
commence at least 14 days before the start of archaeological work
in order to facilitate adequate monitoring
arrangements.
A copy the findings of the archaeological investigation shall be
submitted within 3 months of completion of the work to the local
planning authority.
18.No development
shall commence until a record is made of the historic structures
comprising the air raid shelter (site 63) and the ruined building
(site 65) as referenced in the Environmental Statement (Mouchel,
March 2013) and Supplementary Heritage Assessment (Mouchel, July
2013). The record shall include a
measured survey, written description and photographic
record. The information shall be
submitted to the local planning authority and for inclusion in the
Historic Environment Record for Lincolnshire.
Note(s) to Applicant
- Prior to the submission of details for any temporary or access works within the public highway you must contact the Divisional Highways Manager on 01522 782070.
2. Under the terms of the Water Resources Act 1991 and Land Drainage Byelaws, any works in, over, under or within 9.0 metres of the landward toe/brink of any Main River requires the prior written permission from the Environment Agency by way of a Flood Defence Consent.
3. Pursuant to condition 4, the final details shall include (but shall not be exclusively limited to) the following elements of the proposed development: carriageway surfacing, bridges, structures, retaining walls, underpasses, bridge wing walls, bridge abutments, safety features, parapets and embankments.
4. A public right of way crosses the site and you are advised that a public path order under the Town and Country Planning Act 1990 will be required under separate consent to seek the legal diversion of the footpath. Any such application should include details of the specification construction including footpath width, materials and gradient. Further advice can be obtained from Lincolnshire County Council Rights of Way on 01522 782070.
5. Under the terms of the Water Resources Act 1991 and Land Drainage Byelaws, any works in, over, under or within 9.0 metres of the landward toe/brink of any Main River requires the prior written permission from the Environment Agency by way of a Flood Defence Consent.
6.
The applicant should follow the best practice
guidelines and advice on legal responsibilities contained within
the following Environment Agency pollution prevention
guidelines:
PPG1 - Understanding your environmental responsibilities –
good environmental
practice
PPG5 – Works and maintenance in or near water
These documents can be found at the following link:
http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx
7. The applicant's attention is drawn to the provisions of the Wildlife and Countryside Act 1981, the Conservation of Habitats and Species Regulations 2010 (amended 2012) and the Protection of Badgers Act 1992 in relation to European and domestic protected species. It is the applicant's responsiblity to comply with the provisions of this legislation, in respect of the protection of protected species and their breeding sites, in carrying out the approved development.
8. The applicant's attention is drawn to the existence of a Source Protection Zone 1 (SPZ1) within the site. The Environment Agency advises that no infiltration of surface water drainage into the ground within Source Protection Zone (SPZ) 1 is permitted and, as such, the drainage strategy shall be devised to take this requirement into account.
(The meeting adjourned from 3.05pm to 3.28pm).
(Prior to continuing with other items on the agenda, the Chairman clarified that he had not accepted the amendment proposed in relation to the last application as, being dependent on a third party, it would negate the application and therefore could not be accepted).
NB1
Application ref: S13/2535/MJNF
Description: Erection of 2 non food retail units (amendments to application S12/1198
Location: Former R F Witt & Sons and adjacent car park, Godsey Lane, Market Deeping
Decision: Deferred
Noting comments made during the public speaking session from:-
Nick Sewell - applicants
together with observations from Market Deeping Town Council, Heritage Lincolnshire, the local Member of Parliament, Welland and Deepings Internal Drainage Board, Property and Facilities and Environmental Protection, no objection from the tree consultant or the Highway Authority and support from Planning Policy together with a number of representations from local residents and comments made by Members at the meeting.
After discussion, it was proposed seconded and agreed that further consideration of the application be deferred pending receipt of the following information:-
· Cross sections through unit 1 and the adjoining housing, from the north and east, to show the juxtaposition of housing and the new units, and also the profile of unit 1 on the previous application;
· A plan showing how HGVs will be controlled – how they will enter, exit and turn within the site;
· A dimensioned plan showing car parking;
· A plan showing walking routes within the site;
· A plan showing accesses to adjoining residential areas and information on how the proposed alterations to the car parking arrangements will affect other areas of the town; and
· A plan showing the number and location of disabled and mother/toddler car parking spaces.
AH1
Application ref: S13/2586/FULL
Description: Erection of 7 no. dwellings with associated garaging, roads and sewers
Location: Land off, Belvoir Close, Stamford
Decision: Approved, subject to the completion of a Section 106 agreement
Noting comments made during the public speaking session from:-
Barry Maynard - applicants
together with comments from Planning Policy, Environmental Protection, Heritage Trust of Lincolnshire and Lincolnshire Fire and Rescue Service, comments in regard to the Section 106 agreement from LCC Children’s Services, SKDC Leisure and Communities and the SKDC Affordable Housing Officer, a note of the Section 106 Heads of Terms, and no objection from the Consultant Arboriculturalist, Lead Flood Authority, Property and Facilities or the Environment Agency and representations from local residents; late information report circulated to Members before the meeting, including a note of no objection from Stamford Town Council and the Heritage Trust of Lincolnshire and a further letter from a local resident together with officer comment thereon and a suggested revision of proposed condition 2 to include an amendment to the list of drawings, and comments made by Members at the meeting.
It was proposed and seconded that the application be approved.
Following discussion, it was proposed and seconded, as an amendment, that a condition be added as follows:-
“That the roads and footways shall be constructed to an adoptable standard, except that for the avoidance of any doubt any permeable paving shall be to a national standard”.
The proposer and seconder of the motion to approve the application accepted the amendment within the main proposition.
The Chairman clarified the proposition and conditions attached, and the proposition as amended was then put to the vote, and it was agreed that the application be approved, with authority delegated to the Head of Development Services 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 to the conditions and notes set out in the report and as amended above. Where the legal agreement has not been concluded prior to the Committee meeting a period not exceeding 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 Head of Development Services acting in consultation with the Chairman / Vice Chairman of the Development Control 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.
(As the meeting had lasted for three hours, in accordance with Council Procedure Rule 9, the committee agreed to continue).
AH2
Application ref: S13/2409/OUT
Description: Erection of 2 no. single storey dwellings (outline application with details of access, layout and scale provided)
Location: Land rear of, 73 & 75, West Road, Bourne
Decision: Approved
Noting no objection from Bourne Town Council or the Highway Authority, comments from the Heritage Trust of Lincolnshire and Consultant Arboriculturalist, representations from nearby residents, 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 also to the following conditions:-
- Details of the
reserved matters set out below shall be submitted to the Local
Planning Authority for approval within three years from the date of
this permission:
(a) appearance;
(b) landscaping;
Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.
- 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/drawings submitted as part of the
application:
Drawing No. MSP.958/004 Rev A received on 7 October 2013
Drawing No. MSP. 958/401 Rev A received on 7 October 2013
Drawing No. MSP.866/005 Rev A received on 7 October 2013
- The development hereby approved shall provide for the erection of dwellings with a maximum height to eaves of 2.4 metres above finished ground level and a maximum height to ridge of 5.45 metres above finished ground level and for the erection of associated detached garages with a maximum height to eaves of 2.4 metres above finished ground level and a maximum height to ridge of 3.3 metres above finished ground level.
- The proposed dwellings shall comprise of ground floor accommodation only.
- The application for reserved matters shall include details (including cross-sections) of the heights of the proposed finished ground levels of the site along with details of the finished floor level of the proposed dwellings and their associated garages (all relative to the existing adjoining development and roads). The scheme shall be implemented in strict accordance with the agreed details.
- The application for reserved matters shall include details of the arrangements for the parking/turning/manoeuvring/loading/unloading of vehicles within the site to serve the proposed dwellings. The scheme shall be implemented in strict accordance with the agreed details before any dwelling is first occupied and the turning facilities and parking facilities thereafter retained at all times for the purposes specified.
- No development shall commence on the site until details of the materials 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. The scheme shall be carried out in accordance with the approved details.
- No development shall commence on the site before the detailed design of the arrangements for foul water drainage 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 prior to the dwelling it serves being first occupied.
9. No development shall commence on the site before the detailed design of the arrangements for surface water drainage have been submitted to and approved in writing by the Local Planning Authority. Unless otherwise first agreed in writing the submitted scheme shall :-
(a) Provide results and calculations for percolation tests to determine a) the suitability of the ground for infiltration drainage, and b) the correct size/capacity of the soakaways;
(b) Provide details of the construction of the soakaway, including provision of positive outfall overflow in the event of inundation;
(c) Provide a maintenance plan for the future maintenance of the system; and
(d) Indicate the flow-paths both on and off-site in the case of exceedence.
The
surface water drainage scheme shall be implemented in strict
accordance with the agreed details prior to any dwelling its serves
being first occupied and once provided the system shall be
maintained in accordance with the approved maintenance
plan.
- No development shall commence on the site until a plan indicating the positions, design, materials and type of boundary treatment(s) to be erected 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 prior to any dwelling being first occupied.
- The landscaping
scheme to be submitted (under conditon 1) shall include details of
all trees to be retained on the site as part of the development.
The approved landscaping scheme (under conditon 1) shall be
undertaken in the first planting season following the first
occupation of the dwelling concerned and any trees or plants which
within a period of five years from the completion of the
development die, are removed or become seriously damaged or
diseased shall be replaced in the next planting season with others
of similar size and species, unless the Local Planning Authority
gives written consent to any variation.
Note(s) to Applicant
- The District Council’s Project Officer (Land Drainage and Flood Prevention) Officer advises that it is believed that the access driveway off Ostler Drive is also the line of a former, possibly now culverted, watercourse. You are advised that care should be taken during any excavation works and no building works should take place over the line of it. If the watercourse is exposed during construction, it is recommended that an access chamber should be provided in order to allow for its future maintenance/cleansing.
(5.15pm – Councillor Powell left the meeting).
(5.18pm – Councillor Mrs Brenda Sumner left the meeting).
PJM1
Application ref: S13/2244/FULL
Description: Section 73 application to vary condition 2 (approved plans) of S12/1715 to alter internal layout to accommodate hair and beauty department
Location: Stonebridge House, St Catherines Road, Grantham
Decision: Approved.
Noting no objection from the Highway Authority and comments made by Members at the meeting.
(5.21pm – Councillor Powell returned to 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:-
- The use hereby permitted shall be discontinued on or before 8th January 2016.
- The development
hereby permitted shall be carried out in accordance with the
following list of approved plans submitted as part of the
application:
Drawing Reference: 7881/007 received on 12th August 2013
Drawing Reference: 7881/009 received on 12th August 2013
Drawing Reference 7881/014 received on 12th August 2013
Drawing Reference 7881/023 received on 2nd October 2013
- The arrangements
shown on the approved plan 7881/023 dated September 2013 for the
parking/turning/manoeuvring/loading/unloading of vehicles shall be
available at all times when the premises are in use.
Note(s) to Applicant
- 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. In accordance with E-Mail dated 2nd October 2013 regarding the use of the access onto Stonebridge Road.
JJ1
Application ref: S13/2261/MJRR
Description: Section 73 application to vary condition 5 of application S09/0420 and condition 4 of application S12/1483 to amend the access provisions
Location: Land at former Mears Motors, Main Road, Thurlby, Bourne
Decision: Approved, subject to the completion of a Section 106 agreement
Noting comments made during the public speaking session from:-
Justin Welland – applicants
together with comments from the Parish Council and no objection from the Highway Authority, and a note of the Section 106 Heads of Terms; late information report including detailed comments from the South Kesteven Flood Risk and Drainage Management Group and officer comment thereon, 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 as recommended.
A discussion took place on the issues of construction of roads to adoptable standards, and the use of permeable paving. It was suggested that conditions 5 (outline) and 4 (reserved matters) be amended by the addition of a new second paragraph as follows:-
“However, in the case of permeable paving this shall be constructed to national standard best practice, details of which shall be provided for the approval of the local planning authority.”
This amendment was accordingly proposed and seconded and accepted as an addition to the main proposition by the proposer and seconder of the original motion to approve.
The proposition as amended was then put to the vote, and it was agreed that the application be approved, with authority delegated to the Head of Development Services 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 to the conditions and notes set out in the report and as amended above. Where the legal agreement has not been concluded prior to the Committee meeting a period not exceeding 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 Head of Development Services acting in consultation with the Chairman / Vice Chairman of the Development Control 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.
(5.51pm – Councillors Mrs Kaberry-Brown and King left the meeting).
NB2
Application ref: S13/0681/MJNF
Description: Change of Use to motorcycle dirt track, retention of portacabins and earthworks. Use for 24 events during a 12 month period (retrospective) (amendments to application S12/1350)
Location: Warren Farm, Main Street, Witham On The Hill, Bourne
Decision: Refused
Noting no objection from the Highway Authority (full observations reproduced in the report), comments from Natural England, Environmental Protection and Planning Policy, observations from Lincolnshire Wildlife Trust, reproduced in the report, an objection from Careby, Aunby and Holywell Parish Meeting, reproduced in the report, objections from Little Bytham and Clipsham Parish Councils, comments from Heritage Lincolnshire, and a large number of objections and letters in support, including a petition of over 300 signatures in support; an update report in relation to the action agreed at the last meeting on 25th June in connection with the noise assessment and the results of the further consultation undertaken with individuals and statutory consultees; late information report circulated to Members before the meeting including a note of a further 16 letters of objection from local residents and representations from Careby, Aunby and Holywell PCC, officer comment thereon and a suggested reason for refusal, together with comments made by Members at the meeting.
It was proposed, seconded and agreed that the application be refused for the following reason:-
The range of noise levels from this site would have an adverse impact upon the remoteness and tranquillity of this area, particularly the quiet enjoyment of the adjacent nature reserve. Furthermore, residential amenity of nearby properties would be compromised through the noise that would be generated. The application is, therefore, deemed contrary to Policy EN1 of the South Kesteven Core Strategy and guidance contained in the National Planning Policy Framework (notably paragraphs 109 and 123).
NB3
Application ref: S13/1869/FULL
Description: Siting of 2192 ground mounted photovoltaic panels
Location: The Pheasantries, Casewick Lane, Uffington, Stamford
Decision: Approved
Noting observations from Uffington Parish Council (in full), no objection from Tallington Parish Council, Planning Policy, the Highway Authority and Environment Agency, comments from Heritage Lincolnshire, English Heritage and the Principal Conservation Officer and representations from local residents; late in formation report circulated to Members before the meeting with a note of no objection from Barholm and Stowe Parish Meeting and the observations (in full) of the applicants’ agent and officer comment thereon, report of the site inspection of an existing installation of a similar size, 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:-
- The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
- In the event that the
solar panels are no longer used for the generation of electricity
all structures associated with the solar farm shall be removed and
the land restored to its original condition within six
months.
- No development shall
take place until full details of 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
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 and an implementation
programme, with a particular emphais on supplamenting the hedgeorw
on the southern boundary of the site adjance to the A16.
- All soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out in the first planting year from the date that the first panel is sited or in accordance with a programme agreed with the local planning authority.
- The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (ref number 042-BEPW012-IP-Flood Risk Assessment) and e-mail dated 27 September 2013.
- The development
hereby permitted shall be carried out in accordance with the
following list of approved plans submitted as part of the
application:
27/09/13/Location PlanREV2/CH
27/09/13/ Access plan/ CH
30/07/13/ Profile ViewREV1/ CH
30/07/13/ Front - Rear View/ CH
30/07/13/ Site PlanREV1/ CH
(6.01pm – Councillor Vic Kerr left the meeting).
(6.05pm – Councillor King returned to the meeting).
Supporting documents:
-
Ctte Shortlist, item 195.
PDF 42 KB -
Agenda - 19 11 13, item 195.
PDF 3 MB -
Additional Info - 19 11 13, item 195.
PDF 104 KB