Agenda item

Proposal: Section 73 application to vary Condition 10 (Off-site highways works) of planning permission S25/0542 to allow up to 120 occupations

Location: Land at Rectory Farm (Phase 1), Grantham

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions

Given the interlinked nature of applications S26/0037 and S26/0038, the Chairman used their discretion to hear the officer presentations, public speakers and debate together.

 

Application S26/0037

 

Proposal: Section 73 application to vary Condition 10 (Off-site highways works) of planning permission S25/0542 to allow up to 120 occupations

Location: Land at Rectory Farm (Phase 1), Grantham

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions

 

Application S26/0038

 

Proposal: Section 73 application to vary Condition 11 (Off-site highways) of planning permission S24/0140 to allow up to 180 occupations

Location: Land at Rectory Farm (Phase 1), Grantham

Recommendation: To authorise the Assistant Director - Planning & Growth to GRANT planning permission, subject to conditions

 

Noting comments in the public speaking session by:

 

Applicant -

Rebecca Smith

 

 

Together with:

 

·       Provisions within South Kesteven Local Plan 2011-2036, Design Guidelines for Rutland and South Kesteven Supplementary Planning Document and National Planning Policy Framework (NPPF).

·       Comments received from Lincolnshire County Council (Highways & SuDS).

·       Comments received from Barrowby Parish Council.

·       Comments received from National Highways.

 

The following comments were made by the public speaker:

 

-       In May 2025, additional geotechnical and drainage surveys were undertaken with further work being undertaken in December 2025.

-       The applicant held monthly meetings with National Highways.

-       Design details were substantially agreed with all design work scheduled to be completed in May 2026.

-       The applicant was progressing the appointment of the works contractor.

-       The works were due to occur in early 2027, undertaking junctional improvement schemes at the same time. These were projected to be complete by the end of 2027.  

 

During questions to public speakers, Members commented on the following:

 

-       It was queried and confirmed that improvements to both junctions were to be undertaken at the same time, under the same scheme.

-       It was queried how the applicant intended to balance safety considerations during the works with the accelerated need for housing. The speaker confirmed that independent transport consultants engaging with Highways believed the model to be safe and acceptable.

 

During questions to officers and debate, Members commented on the following:

 

-       The Planning Officer explained the inspector’s safety analysis, considering the projected impact of the additional dwellings. The Planning Officer noted that the analysis had been calculated using peaks and troughs across the week to account for fluctuations.

-       It was confirmed that the analysis included ratio flow capacity, a calculation of traffic queuing time which showed the scheme to cause a slight increase in traffic queuing time but was still acceptable within the modelling.

-       It was confirmed that there was still capacity on the highway to cater for queuing at the junction.

-       It was also confirmed that the analysis and modelling accounted for the impact of other new developments in the area.

-       A Member queried whether these projections had accounted for additional diverted traffic during incidents on the A1. They were concerned about this and suggested speed reduction measures were undertaken at the Barrowby A1 junction. The Planning Officer noted the concerns and agreed to raise them with Highways, however, they were not relevant to the current application.

-       The timeline for delivery was confirmed to be by the end of June 2026 for the initial 150 dwellings and the full 300 dwellings would take the full delivery schedule.

-       It was confirmed that, within the conditions, the developer had a duty to maintain any trees on the site for an initial five-year period.

-       It was commented by a member that further research indicated that due to the high level of accidents on the A1 in the vicinity of the junction that it was of national interest to have the junction works completed as soon as possible and that the improvements were supported by the East Midlands Council.

-       A member commented that it would not be fair to the developers to Refuse the application in view of the highways evidence provided.

-       Councillor Mark Whittington abstained from voting on both applications S26/0037 and S26/0038.

 

S26/0037 - Final decision:

 

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions:

 

Approved Plans

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

Site Wide Plans

• Green Infrastructure Strategy Plan (Ref: 8247-L-01-C)
• Composite Proposed Site Plan (Ref: GRA01.PL001K)
• Proposed Site Plan (Ref: GRA01.PL002G)
• Composite Proposed House Type Plan (Ref: GRA01.PL004G)
• Proposed House Type Plan (Ref: GRA01.P002B)
• Composite Storey Height Plan (Ref: GRA01.PL006E)
• Proposed Storey Height Plan (Ref: GRA01.P003A)
• Composite Proposed Movement Plan (Ref: GRA01.PL008E)
• Proposed Materials Layout (Ref: 102-894/P004B)
• Composite Proposed Store and Bin Plan (Ref: GRA01.PL011E)
• Close Coupled Substation – Pyramid Roof Detail (Ref: GTC-E-SS-0012_R2-1_1of1)

House Types and Garages

* Redpoll (Brick) (Ref: JD313X_AS)

* Redpoll (Brick) (Ref: JD313X_OP)

* Redpoll (Render) (Ref: JD313Y_AS)

* Redpoll (Render) (Ref: JD313Y_OP)

* Redpoll (Ref: JD331Y-AS)

* Redpoll (Ref: JD331Y-OP)

* Whinchat (Ref: JD315X-AS)

* Whinchat (Ref: JD315X-OP)

* Willowby (Brick) (Ref: JD319X-AS)

* Willowby (Brick) (Ref: JD319X-OP)

* Willowby (Render) (Ref: JD319Y-AS)

* Willowby (Render) (Ref: JD319Y-OP)

* Willowby (Ref: JS319X_AS)

* Willowby (Ref: JS319X_OP)

* Willowby (Ref: JS319HAX_OP)

* Willowby (Ref: JS319HAX_AS)

* Woodcock (Ref: JD326X-AS)

* Woodcock (Ref: JD326X-OP)

* Woodcock (Ref: JS326X_AS)

* Woodcock (Ref: JS326X_OP)

* Auklet (Ref: JD332Y_AS)

* Auklet (Ref: JD332Y_OP)

* Maple (Ref: JD401Y_AS)

* Maple (Ref: JD401Y_OP)

* Aspen (Ref: JD408X-AS)

* Aspen (Ref: JD408X_OP)

* Cardinal (Ref: JD411X_AS)

* Cardinal (Ref: JD411X_OP)

* JD412LG Brick AS Rev C01

* JD412LG Y AS Rev C01

*  JD417L Brick AS Rev C01

*  JD417L Render AS Rev C01

* Redwood (Brick) (Ref: JD416X_AS)

* Redwood (Brick) (Ref: JD416X_OP)

* Redwood (Render) (Ref: JD416Y_AS)

* Redwood (Render) (Ref: JD416Y_OP)

* Kingfisher (Brick) (Ref: JD421X_AS)

* Kingfisher (Brick) (Ref: JD421X_OP)

* Kingfisher (Render) (Ref: JD421Y_AS)

* Kingfisher (Render) (Ref: JD421Y_OP)

* Amber (Ref: JS203X_AS)

* Amber (Ref: JS203X_OP)

* Amber (JS203XHA_AS)

* Amber (JS203XHA_OP)

* Heron (Brick) (Ref: JS318X_AS)

* Heron (Brick) (Ref: JS318X_OP)

* Heron (Render) (Ref: JS318Y-AS)

* Heron (Render) (Ref: JS318Y_OP)

* Plover (Brick) (Ref: S304XHA_AS/OP)

* Plover (Brick) (Ref: S304X_AS/OP)

* Plover (Render) (Ref: S304Y_AS/OP)

* Garage Design (Ref: GD1-P01-AS)

* Garage Design (Ref: GS1C-P01-AS)

* JD313L_Brick_GRA_Op

* JD315L_Brick_GRA_Op

* JD319L_Brick_GRA_As

* JD326L_Brick_GRA_As

* JD332L_Brick_GRA_As

* JS318L_Brick_GRA_As

* JS318L_Brick_GRA_Op

Unless otherwise required by another condition of this permission.

Reason: To define the permission and for the avoidance of doubt.

During Building Works

Construction Management Plan

2)    The development hereby permitted shall be undertaken in accordance with the Construction Management Plan and Construction Phase Surface Water Management Plan approved as part of application reference: S23/0092, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the permitted development is adequately drained without creating or increasing flood risk to land or property to, or downstream of, the permitted development during construction and to ensure that suitable traffic routes are utilised.

Before the Development is Occupied

Sustainable Buildings

3)    Prior to first occupation of each dwelling hereby permitted, the sustainable building measures approved as part of application reference: S23/0092 shall be completed in full for each dwelling, in accordance with the agreed scheme.

Reason: To ensure the development mitigates against and adapts to climate change in accordance with Local Plan Policy SB1.

Surface and Foul Water Drainage

4)    Before any part of the development hereby permitted is occupied / brought into use, the works to provide the surface and foul water drainage scheme approved as part of the application reference: S23/0092 shall have been completed in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

Thereafter, the application scheme shall be retained and maintained in full, in accordance with the approved details.

Reason: To ensure the provision of satisfactory surface and foul water drainage in accordance with Policy EN5 of the adopted South Kesteven Local Plan.

Hard Landscaping

5)    Before any part of the development hereby permitted is occupied / brought into use, all hard landscaping works shall have been carried out in accordance with the hard landscaping details approved as part of application reference: S23/0092, unless otherwise agreed in writing by the Local Planning Authority.

Reason: Hard landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

Materials

6)    Before any part of the development hereby permitted is occupied / brought into use, all external surfaces shall have been completed in accordance with the Materials Layout (Received 27 April 2023) approved as part of application reference: S23/0592, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

Boundary Treatments

7)    Before any part of the development hereby permitted is occupied / brought into use, the boundary treatments shall have been completed in accordance with the Boundary Treatment details and Phasing and Build Route approved as part of application reference: S23/0092, unless otherwise agreed in writing by the Local Planning Authority. 

Reason: To provide a satisfactory appearance to any boundary treatments and by screening rear gardens from public view, in the interests of privacy and amenity of the occupants of the proposed and neighbouring dwellings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

Estate Road

8)    Before any part of the development hereby permitted is occupied, all of that part of the estate road and associated footways that forms the junction with Barrowby Road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with the details approved under application reference: S23/0092, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels.

Soft Landscaping

9)    Before the end of the first planting / seeding season following the occupation / first use of any part of the development hereby permitted, all soft landscaping works have been carried out in accordance with the soft landscaping details approved under application S23/0092, unless otherwise agreed in writing by the Local Planning Authority.

Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

Off-Site Highways Works

10)No more than 120 dwellings within the development hereby approved shall be occupied, , until either the scheme shown on drawing 103790 PEF ZZ XX DR Y SK002  (Linden/Jelson Eastern junction 'top up' scheme), the scheme shown on drawing 103790 PEF ZZ XX DR Y SK001  (GDOV Eastern junction 'top up' scheme as required under condition 28 of planning permission S17/1262), [the scheme shown on Proposed General Arrangement Plan (Ref: SK18/SB JCN/Rev P1)] or any other alternative scheme providing the same mitigation that may be submitted to and approved in writing by the LPA has been completed.

Reason: To ensure that the A1 / A52 junction has adequate capacity to accommodate the additional traffic generated by the development.

Off-Site Highways Works (Western junction)

11)No more than 448 dwellings within the development hereby approved, either alone or in combination with planning permission S16/2819 shall be occupied, until the scheme shown on drawing no. 106648-SK006 Rev A (the Western junction GDOV scheme) has been completed.

Reason: To ensure that the A1 / A52 junction has adequate capacity to accommodate the additional traffic generated by the development.

Ongoing Conditions

Landscaping Protection

12)Within a period of five years from the first occupation of the final dwelling / unit of the development hereby permitted, any trees or plants provided as part of the approved soft landscaping scheme, that die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced in the first planting season following any such loss with a specimen of the same size and species as identified in the approved soft landscaping scheme, unless otherwise agreed by the Local Planning Authority.

Reason: To ensure the provision, establishments and maintenance of a reasonable standard of landscaping in accordance with the approved designs and in accordance with Policy DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

Landscape Management Plan

13)Following the first occupation of the final dwelling / unit hereby permitted, the Landscape and Biodiversity Management Plan and Preliminary Ecological Appraisal approved under application ref: S23/1745 shall be adhered to in full thereafter, unless otherwise agreed in writing by the Local Planning Authority.

Reason: Hard and soft landscaping, and tree planting, make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

 

Application S26/0038 decision:

 

It was proposed, seconded and AGREED to authorise the Assistant Director - Planning & Growth to GRANT planning permission, subject to conditions:

 

Approved Plans

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

         

          Site Location Plan: 379-LP-01C

Site Wide Plans: 379-SK-01I, 379-SK-02I, 379-SK-03I, 379-SK-04I, 379-SK-05I, 8247-L-01C, GRA01.PL001D. GRA01.PL004A, GRA01.PL006A, GRA01.PL008B, GRAD01.PL009b

 

House Types and Garages: HWK.pe7; EVE.pe; WAY.pe; MOU.pe; MYL.pe; PEM.pe; Rip.pe; KNI.pe; ASL.pe; COT.CH.pe; SG.pe; DTG.pe

 

          Unless otherwise required by another condition of this permission.

              

          Reason: To define the permission and for the avoidance of doubt.

During Building Works

Construction Management Plan

2)    All construction works on site shall be carried out in accordance the Construction Management Plan and Method Statement (Dated February 2023) approved under application reference: S23/0300, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development during construction and to ensure that suitable traffic routes are agreed.

Ecological Mitigation

3)    The development shall be carried out in accordance with the ecological mitigation measures specified in the Environmental Statement (Dated May 2018).

Reason: In the interests of ecology and biodiversity.

Before the Development is Occupied

Estate Road

4)    Before any dwelling is occupied, all of that part of the estate road and associated footway that forms the junction with the main road and which will be constructed within the limits of the existing highway, shall be laid out and constructed to finished surface levels in accordance with details approved under application S25/0490, unless otherwise agreed in writing by the Local Planning Authority. 

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels.

Hard Landscaping

5)    Before any part of the development hereby permitted is occupied / brought into use, all hard landscaping works shall have been carried out in accordance with the details approved under application ref: S23/0300 except where amended by application ref: S24/0525 and the phasing set out in the approved Infrastructure Delivery Plan (Ref: GRTH-BR-001/Rev A), unless otherwise agreed in writing by the Local Planning Authority.

Reason: Hard landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

Soft Landscaping

6)    All soft landscaping works shall be carried out in accordance with the soft landscaping details approved under application ref: S23/0300 and the phasing set out in the approved Infrastructure Delivery Plan (Ref: GRTH-BR-001/Rev A), unless otherwise agreed in writing by the Local Planning Authority.

Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policies DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

Materials

7)    All external materials shall be completed in accordance with the details approved under application ref: S23/0300 and the phasing set out in the approved Infrastructure Delivery Plan (Ref: GRTH-BR-001/Rev A), unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

Boundary Treatments

8)    All works to provide the boundary treatments shall have been completed in accordance with the details approved under application ref: S23/0300 and the phasing set out in the approved Infrastructure Delivery Plan (Ref: GRTH-BR-001/Rev A), unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide a satisfactory appearance to any boundary treatments and by screening rear gardens from public view, in the interests of the privacy and amenity of the occupants of the proposed and neighbouring dwellings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

Surface and Foul Water Drainage

9)    The works to provide the surface and foul water drainage shall have been completed in accordance with the details approved under application ref: S23/0300 and the phasing set out in the approved Infrastructure Delivery Plan (Ref: GRTH-BR-001/Rev A), unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the provision of satisfactory surface and foul water drainage in accordance with Policy EN5 of the adopted South Kesteven Local Plan.

Sustainable Building

10)Prior to first occupation of each dwelling hereby permitted, the approved sustainable building measures shall be completed in accordance with the details approved under application ref: S23/0500, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the development mitigate against and adapts to climate change in accordance with Local Plan Policy SB1.

Off-Site Highways Works

11)No more than 180 dwellings within the development hereby approved shall be occupied, until either the scheme shown on drawing 103790 PEF ZZ XX DR Y SK002  (Linden/Jelson Eastern junction 'top up' scheme), the scheme shown on drawing 103790 PEF ZZ XX DR Y SK001  (GDOV Eastern junction 'top up' scheme as required under condition 28 of planning permission S17/1262), the scheme shown on Proposed General Arrangement Plan (Ref: SK18/SB JCN/Rev P1) or any other alternative scheme providing the same mitigation that may be submitted to and approved in writing by the LPA has been completed.

Reason: To ensure that the A1 / A52 junction has adequate capacity to accommodate the additional traffic generated by the development.

Off-Site Highways Works (Western junction)

12)No more than 448 dwellings within the development hereby approved, either alone or in combination with planning permission S16/2819 shall be occupied, until the scheme shown on drawing no. 106648-SK006 Rev A (the Western junction GDOV scheme) has been completed.

Reason: To ensure that the A1 / A52 junction has adequate capacity to accommodate the additional traffic generated by the development.

Ongoing Conditions

Landscaping Protection

13)Within a period of five years from the first occupation of the final dwelling / unit of the development hereby permitted, any trees or plants provided as part of the approved soft landscaping scheme, that die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced in the first planting season following any such loss with a specimen of the same size and species as identified in the approved soft landscaping scheme, unless otherwise agreed by the Local Planning Authority.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved plans and in accordance with Policy DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

Landscape Management Plan

14)Following the first occupation of the final dwelling / unit hereby permitted, the approved Landscape and Biodiversity Management Plan approved under application ref: S23/0300 shall be adhered to in full, unless otherwise agreed in writing by the Local Planning Authority.

Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

Surface Water Drainage

15)The approved surface water drainage scheme shall be retained and maintained in full, in accordance with the approved details.

Reason: To ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development.