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 agenda, but 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:-

 

AH1

 

Application ref:         S13/3045/FULL

 

Description:               Variation of condition 11 of planning permission reference: S13/0232 so that   -

 

'The hours of use of 'courtyard area 1' (as delineated on Drawing No.7027-358-F) as a beer garden or sitting out area shall be limited to between 08.00 hours and 23.00 hours on Sundays and 08.00 hours and 23.30 hours on Monday to Saturdays.

 

The hours of use of 'courtyard area 2' (as delineated on         Drawing No. 7027-358-F) as a beer garden or sitting out area shall be limited to between 08.00 hours and 23.00 hours on Sundays and 08.00 hours and 23.30 hours on Monday to Saturdays and the hours of use of 'courtyard area 2' as a means of pedestrian access/egress to the public house premises shall be limited to between 08.00 hours and 00.00 hours on Sundays to Thursdays and 08.00 hours and 01.00 hours on Fridays and Saturdays.

 

The hours of use of the public house premises (as delineated on Drawing No. 7027-201-F) shall be limited to between 08.00 hours and 00.00 hours on Sundays to Thursdays and 08.00 hours and 01.00 hours on Fridays and Saturdays'.

 

Location:                    Mercury House, 7, Sheep Market, Stamford

 

Decision:                   Approved

 

Noting comments made during the public speaking session from:-

 

                        Councillor Harrish Bisnauthsing – local Member

                        Julian Sutton – applicants’ agent

 

together with statement in support from the applicant, including an associated noise impact assessment, and further comments from the applicants’ agent, comments from the Heritage Trust of Lincolnshire and no objection from the Highway Authority, Environmental Protection or the SKDC Principal Conservation Officer and a representation from a neighbouring resident, report of site inspection and comments made by Members at the meeting.

 

In introducing the report, the Case Officer reported on three further objections from nearby residents and no objection from Stamford Town Council.

 

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 6 June 2013.
   
   
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(s):
   
   Drawing No. 7027-001-A
   Drawing No. 7027-110-B
   Drawing No. 7027-111-B
   Drawing No. 7027-112
   Drawing No. 7027-201-F
   Drawing No. 7027-202-C
   Drawing No. 7027-203-C
   Drawing No. 7027-358-F
   
   
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), samples of the proposed paving stones/slabs to be used to the open courtyard area and samples of the bricks to be used to the plinth to the railings along Sheep Market 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. Notwithstanding the details shown on the approved drawings 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 sitting out area(s)/beer garden(s), along with their means of storage when not in use, have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed details.
   
   
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 sitting out area(s)/beer garden area(s) 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 sitting out area(s)/beer garden area(s) 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.
   
   Reason: In the interests of the amenities of local residents and in accordance with Policy EN1 of the adopted South Kesteven Core Strategy (July 2010).

 

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. The hours of operation/use of the public house premises and its associated beer garden(s)/sitting out area(s) shall be as follows :-

 

 

(a)  The hours of use of ‘courtyard area 1’ (as delineated on Drawing No.7027-358-F) as a beer garden or sitting out area shall be limited to between 08.00 hours and 23.00 hours on Sundays and 08.00 hours and 23.30 hours on Monday to Saturdays.

 

(b)  The hours of use of ‘courtyard area 2’ (as delineated on Drawing No. 7027-358-F) as a beer garden or sitting out area shall be limited to between 08.00 hours and 23.00 hours on Sundays and 08.00 hours and 23.30 hours on Monday to Saturdays and the hours of use of ‘courtyard area 2’ as a means of pedestrian access/egress to the public house premises shall be limited to between 08.00 hours and 00.00 hours (midnight) on Sundays to Thursdays and 08.00 hours and 01.00 hours on Fridays and Saturdays.

 

(c)  The hours of use of the public house premises (as delineated on Drawing No. 7027-201-F) shall be limited to between 08.00 hours and 00.00 hours (midnight) on Sundays to Thursdays and 08.00 hours and 01.00 hours on Fridays and Saturdays.

 

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 obscure glazing to level 4 standard along with fixed lights (i.e. non-opening window units) at all times.

 

15. The railings and gates (with a black paint finish) to Courtyard Areas 1 and 2 (as shown on Drawing No. 7027-358-F) shall be erected/installed in accordance with approved scheme prior to the public house premises being first brought into use and thereafter retained in situ at all times.  No alterations to the approved railings/gates (including the creation of new openings) shall be undertaken at any time unless approval is first given in writing by the Local Planning Authority.

 

16. No customers shall be on the public house premises (as delineated on Drawing No. 7027-201-F) outside the approved hours of operation set out in condition 11 of this approval.

 

17. Courtyard Area 1 and Courtyard Area 2 (as delineated on Drawing No. 7027-358-F) shall not be used for the purpose(s) of a sitting out area/beer garden area(s) outside the approved hours of use for the respective Courtyard Areas set out in condition 11 of this approval.
18. The pedestrian access gates between Courtyard Areas 1 and 2 (as shown on Drawing No. 7027-358-F) shall be locked at all times outside the approved hours of use of Courtyard 1 as set out in condition 11 of this permission and Courtyard Area 1 shall not be accessed by any person(s) outside those approved hours of use.

 

19. Upon the cessation of use of Courtyard Area 2 (as delineated on Drawing No. 7027-358-F) as a sitting out area/beer garden area Courtyard Area 2 shall only be used for the purpose of providing pedestrian access/egress between the public house premises (as delineated on Drawing No. 7027-201-F) and the public highway on Sheep Market in accordance with the permitted hours of use for access/egress to the premises set out in condition 11 of this permission.

 

20. Courtyard Area 2 (as delineated on Drawing No. 7027-358-F) shall not be utilised by any customers for access and egress to the public house premises from Sheep Market outside the approved hours of use for this purpose set out in condition 11 of this permission.

 

21. No outside furniture shall be retained on Courtyard Area 2 (as delineated on Drawing No. 7027-358-F) outside the approved hours of use of Courtyard Area 2 for the purpose of its use as a sitting out area/beer garden area as set out in condition 11 of this permission.

 

22. With the exception of the purpose(s) of securing access/egress for staff employed at the application site/premises the pedestrian access gate(s) between Courtyard Area 2 and the public highway on Sheep Market (as shown on Drawing No. 7027-358-F) shall be locked at all times outside the approved hours of use of Courtyard Area(s)/the public house premises as set out in condition 11 of this permission.

 

23. There shall be no vehicular access into Courtyard Areas 1 and 2 (as shown on Drawing No. 7027-358-F) at any time.

 

NB1

 

Application ref:         S13/2242/MJNF

 

Description:               Installation of a 13MW solar photovoltaic farm and associated infrastructure

 

Location:                   Land adj. Deeping Gate Tree Nurseries, Northfield Road, Market Deeping

 

Decision:                   Refused

 

Noting comments made during the public speaking session from:-

 

                        Mrs J Wall - applicants

 

together with no objection from Market Deeping Town Council, the Highway Authority, Planning Policy, Welland and Deepings Internal Drainage Board, Environment Agency or the SKDC Principal Conservation Officer and comments from Heritage Lincolnshire, English Heritage, Natural England and the Lincolnshire Wildlife Trust, together with representations from a nearby resident; late information report circulated to Members before the meeting, including a request from the agent for a 5 year consent, no objection from Heritage Lincolnshire, comments from Natural England (reproduced in full in the report), officer comment thereon, a proposed alteration to a condition and a change in the recommendation, report of site inspection and comments made by Members at the meeting.

 

The Case Officer advised that comments had not yet been received from DEFRA, and therefore if Members were to approve, the decision should be to defer to the Development Management Service Manager, in consultation with the Chairman and Vice-Chairman, subject to DEFRA not raising any objection, and subject also to a condition in regard to noise levels.

 

In reporting on the site inspection, a Member made detailed comments on the application, particularly in regard to the loss of agricultural land, and its classification by MAFF in 1988 as Grade 2 and more recently by the applicant as Grade 3A.  Even if this was accepted, Grades 1, 2 and 3A were classified in the NPPF as being the “best and most versatile agricultural land”. He went on to suggest that solar farms should be situated on inferior land for food production or brownfield land. Reference was then made to recent comments from the Minister for Energy and Climate Change which supported this, together with a reference to a commitment from the Solar Trade Association in August which promised a focus on non-agricultural land or lower grade agricultural land. Following references to the consultations carried out, and responses received, the Member drew the attention of Members to the DCLG Planning Practice Guidance for Renewable and Low Carbon Energy, which again suggested the use of previously developed land, and if on Greenfield land, that it allowed for continued agricultural use and/or bio-diversity improvements around arrays.

 

In summary, the Member suggested that it was not possible to mitigate against the loss of this “best and most versatile agricultural land” by employing two such totally unrelated measures, such as peripheral planting and sheep grazing.  He then proposed:-

 

“1.        That it would represent the loss of a considerable area of farmland classified as “the best and most versatile agricultural land” and that such      large solar power developments should be sited instead on brownfield land or inferior farmland as indicated in the NPPF and in ministerial statements.

 

2.         That the proposed mitigation in the form of unlikely sheep grazing and peripheral planting for bio-diversity do not offset this loss to the economy.”

 

The proposal was seconded.

 

The Head of Development Services commented on the reasons, and requested time to consider the proposal. 

 

(The meeting adjourned from 2.50pm to 3.17pm).

 

On the resumption of the meeting, the Chairman read a revised proposal as follows:-

           

“The proposed development involves the use of a considerable area of farmland classified as “the best and most versatile agricultural land” contrary to the provisions of paragraph 112 of the National Planning Policy Framework and ministerial statements which direct that such developments are more appropriately sited on either brownfield land or on low quality/degraded agricultural land.  The mitigations proposed including biodiversity enhancements and the continued availability of the land for grazing do not outweigh the significant economic impact from the loss of the best and most versatile agricultural land in this case.”

 

The proposer and seconder of the original motion indicated their acceptance of the revision above.

 

The Development Management Service Manager confirmed that he accepted the reason given for the purposes of the procedure set out in the Constitution, and the committee could therefore make a decision today.

 

The proposal was then put to the vote and agreed, and the application was refused for the following reason:-

 

“ The proposed development involves the use of a considerable area of farmland classified as “the best and most versatile agricultural land” contrary to the provisions of paragraph 112 of the National Planning Policy Framework and ministerial statements which direct that such developments are more appropriately sited on either brownfield land or on low quality/degraded agricultural land.  The mitigations proposed including biodiversity enhancements and the continued availability of the land for grazing do not outweigh the significant economic impact from the loss of the best and most versatile agricultural land in this case.

 

(3.22pm – Councillor Adam Stokes left the meeting).

 

PJM1

 

Application ref:         S13/2448/FULL

 

Description:               Section 73 Application to Vary Conditions 4 (Landscaping), 5 (Boundary Treatments), 7 (Access and Turning) & 9 (Amended Drawing) of S09/2454 for the erection of 5 dwellings with associated access roads

 

Location:                    Land R/o 13 - 23 Gladstone Terrace, Grantham

 

Decision:                   Deferred

 

Noting comments made during the public speaking session from:-

 

                        Councillor R Wootten – local representative

                        Jane Newman – objecting

                        Peter Mc Quillan – in support

 

together with no objection from the Highway Authority or SKDC Principal Conservation Officer, comments from the Community Archaeologist and objections from a number of local residents, report of site inspection and comments made by Members at the meeting.

 

It was proposed that the application be refused for reasons of the dangerous access and junction with Prospect Place and the A607, and also for reasons of road safety.

 

The Head of Development Services reminded Members of the Highway Authority’s comments on page 29 of the report, and drew attention to the recommendation of no objection. There was a clear reason for no objection, in full, and the committee would need to substantiate a clear reason for refusal.  He was therefore cautious about a refusal on highway grounds, and reminded Members that if this application was refused the applicant could revert to the previous approval.

 

Following a request for advice from Members, the Solicitor said that he could not suggest a reason and again referred the committee to the Highway Authority report on page 29. He also drew the attention of Members to the procedure if the committee were to wish to go against a recommendation from the officers.

 

The Chairman suggested that the application might be better deferred to allow the Highway Authority officer who had inspected the site and made the recommendation to attend the next meeting and answer questions from Members, and it was accordingly proposed and seconded.

 

A Member asked if the reason for deferral could also include a reference to personal reasons, as expressed by the objector. The proposer agreed to include this within the motion, but the Head of Development Services reminded Members that personal circumstances were only taken into account when they were those of an applicant, not objectors. Any deferral would in any event pick up on these issues, as they were material.

 

On being put to the vote, the proposal was agreed, and the application was deferred to enable the Highway Authority officer to attend the next meeting to answer questions from Members.

 

(4.27pm – Councillor Morgan left the meeting).

 

SP1

 

Application ref:         S13/2101/FULL

 

Description:               Build 2 no. one bedroom flats and associated parking

 

Location:                    Between 53 and 55, Thames Road, Grantham

 

Decision:                   Approved

 

Noting no objection from Planning Policy, the District Archaeologist or the Highway Authority, and 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:-

 

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

 

2. No development shall commence until final details of the materials to be used in the construction of external walls and roofs have been submitted to and agreed in writing by the Local Planning Authority.  Only the agreed materials shall be used in the development.

 

3. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:
   
   1. Drawing No: 1807/3/PO1 Rev A received on 22 October 2013.
   2. Drawing No: 1807/3/PO2 Rev A received on 21 October 2013.
   3. Drawing No: 1807/3/PO3 Rev A. received on 21 October 2013
   4. Drawing No: 1807/3/PO1 Rev A.

 

4. No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed before [the use hereby permitted is commenced] or [before the building(s) is/are occupied] or [in accordance with a timetable agreed in writing with the local planning authority].  Development shall be carried out in accordance with the approved details.

 

5. Before the dwelling(s) is/are occupied, the access and turning space shall be completed in accordance with the approved  drawing number 1807/3/PO2 Rev A dated 21 October 2013, and retained for that use thereafter.

 

6. No development shall take place before the detailed design of the arrangements for surface water drainage has been agreed in writing by the Local Planning Authority and no building shall be occupied before it is connected to the agreed drainage system.

 

Note(s) to Applicant

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

 

SP2

 

Application ref:         S13/1640/FULL

 

Description:               Demolition of existing factory units and erection of 4 two bed terraced houses and a three storey office development

 

Location:                    38, East Street, Grantham

 

Decision:                   Deferred

 

Noting no objection from the Highway Authority, comments from Environmental Health, Principal Conservation Officer, District Archaeologist and Planning Policy, representations from nearby residents and an addendum to the previous committee report, to include information required at the meeting on 29^th October 2013, report of further site inspection and comments made by Members at the meeting.

 

The Chairman expressed concern, echoed by the committee, that not all of the information requested at the last meeting had been provided, in particular details as to how cars could enter and exit the site, as there was no room to turn unless one of the office accommodation spaces was left free.

 

It was proposed, seconded and agreed that the application be again deferred for the information requested in regard to the entrance, exit and turning area to be provided as requested at the last meeting.

 

RV1

 

Application ref:         S13/2827/LB

 

Description:               Installation of two roof lights to rear roof slope and sliding doors replaced with conventional french doors with side lights.

 

Location:                    Reedmans Court, 9, St Georges Street, Stamford

 

Decision:                   Approved

 

Noting comments made during the public speaking session from:-

 

                        Councillor Harrish Bisnauthsing - applicant

 

together with no objection from Stamford Town Council, the SKDC Principal Conservation Officer and Stamford Civic Society, and comments made by Members at the meeting.

 

The Solicitor advised that Councillor Bisnauthsing, as a Member and also the applicant, should leave the room while the application was being discussed, as his presence might prevent a free and frank discussion on the application.

 

(Councillor Bisnauthsing left the room).

 

During discussion, it was suggested that for the avoidance of doubt conservation rooflights, which were proposed, should be specifically referred to in a condition.

 

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 works hereby permitted shall be commenced before the expiration of three years from the date of this consent.

 

2. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:
   
   Drawing Ref No: DH 13-8-04 Proposed Elevation and Section.
   Drawing Ref No: DH-13-8-05 Propose Floor Plan and Roof Section.

 

3. The rooflights in the approved development shall be of conservation style fitted flush with the adjoining roof surface and shall not project above the plane of the roof.

 

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

 

(4.48pm – Councillor Woolley left the meeting).

 

(4.52pm – Councillor Woolley returned to the meeting).

 

NB2

 

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:                   Refused

 

Noting 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.

 

Considerable discussion took place in regard to the applicant’s response to the committee’s request for further information and amended plans, as made at the last meeting.  It was pointed out that the applicant had not changed the siting, nor provided the amended plans showing cross sections which had been specified.

 

It was proposed that the application be refused for the reason as before, and as set out on page 62 of the report.

 

Following further discussion, during which it was suggested that the applicant be advised that two units on the Witts site, rather than one there and one on the car park would be preferred, the proposal was seconded. On being put to the vote the proposal was agreed and the application refused for the following reason:-

 

1.      The development by reason of the scale, height, massing and siting of unit 1 would have a significantly detrimental and dominating impact upon the residential amenity of nearby residents and harmful to the character of the area contrary to policy EN1 of the South Kesteven Core Strategy (2010) and the core principles of the National Planning Policy Framework (2012).

 

After debating the merits of the application at Development Control Committee, Members of the committee raised a fundamental objection to the application and considered that this could not be overcome.  As such it is considered that the decision is in accordance with paragraphs 186 -187 of the National Planning Policy Framework