Agenda and minutes

Planning Committee - Wednesday, 25th November, 2020 10.00 am

Venue: Virtual meeting - This meeting is being held remotely using Skype for Business. View directions

Contact: Email: Democracy@southkesteven.gov.uk 

Items
No. Item

27.

Register of attendance, membership and apologies for absence

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    Minutes:

    Apologies for absence were received from Councillor Charmaine Morgan.

28.

Disclosure of interests

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    Members are asked to disclose any interests in matters for consideration at the meeting

    Minutes:

    The Chairman, Councillor Bob Adams and Councillor Robert Reid noted that they were County Councillors, with Councillor Adams also serving on the Highway Scrutiny Committee.

     

    Councillor Robert Reid confirmed in reference to application S19/1784 that having previously sought legal advice as a County Councillor he confirmed his mind was open with no prejudgement and will be considering application as a District Councillor.

     

    Councillor Harrish Bisnauthsing stated that he had been lobbied on application S19/1475 but approached consideration of the application with an open mind.

29.

Minutes of the meeting held on 28 October 2020 pdf icon PDF 483 KB

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    Minutes:

    Following a vote by exception, the minutes of the meeting held on 28 October 2020 were agreed as a correct record.

     

    It was noted that applications, S19/2111 and S19/2134 should both have carried the same conditions while acknowledging that retrospect amendments were not possible.

     

30.

Application S19/1475 pdf icon PDF 731 KB

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    Proposal:                  Erection of 31 affordable dwellings and associated works including access and landscaping.

    Location:                   Land Off Cherryholt Road, Cherryholt Road, Stamford, PE9 2EP 

    Recommendation:     That the application is approved conditionally

    Additional documents:

    Minutes:

    Proposal: Erection of 31 affordable dwellings and associated works including

    access and landscaping.

     

    Location: Land Off Cherryholt Road, Cherryholt Road, Stamford, PE9 2EP

     

    Decision: That the application is refused

     

    As the application was part-heard and Councillor Jacky Smith had not been present when it had been considered previously, they did not participate in discussion or vote on the application.

     

    Noting:

     

    ·       Site observations

    ·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·       Comments from Historic England, advice to consult local expertise

    ·       Comments and suggested conditions from South Kesteven District Council Arboricultural Consultant

    ·       Request of £50,974 towards secondary education provision from Lincolnshire County Council Education and Cultural Services, which was subsequently withdrawn, as noted within the Officer’s report.

    ·       Request for contaminated land survey and verification conditions from South Kesteven District Council Environmental Protection Services

    ·       Concerns raised from South Kesteven District Council Historic Buildings Advisor

    ·       Comments and information on requirements from South Kesteven District Council Affordable Housing Officer

    ·       Comments and proposed provisions requested from Lincolnshire County Council, Footpaths Officer

    ·       Objections from Stamford Civic Society

    ·       Comments from Anglian Water Services

    ·       No objection subject to conditions by the Environment Agency

    ·       Comments and request for sit evaluations from Heritage Lincolnshire

    ·       No comments from Welland and Deepings Internal Drainage Board

    ·       Request of £20,460 towards health provision from NHS England

    ·       Objection from Stamford Town Council

    ·       No objection, subject to conditions and informatives from Lincolnshire County Council Highways and SuDS Support.

    ·       No objections and note regarding high voltage power cables from Western Power Distribution

    ·       Representations as a result of public consultation

    ·       The assessment of the reasons for refusal submitted by Committee members following the resolution at the meeting on 30 September 2020

    ·       Comments made during the public speaking session on 30 September 2020

    ·       Officer reports issued on 16 September, 28 September, 11 November and 23 November 2020

    ·       Minutes of the meeting held on 30 September 2020

    ·       Comments made by Members at the meetings

     

    After the meeting of the Committee on 30 September 2020 at which members decided that they were minded to refuse the application, they were required to submit, within five working days, their reasons for refusal to the Interim Head of Development Management. These were listed in the case officer’s report together with officer comment thereon.

     

    Members were advised that whilst the officer recommendation remained one of approval, the reason for refusal relating to harm to the Grade I listed St Leonard’s Priory and loss of green infrastructure could be defended at appeal.

     

    Following questions posed to the Officers and debate, members noted the following:

     

    ·       Concerns over flood risk and mitigation associated with the access

    ·       Conflicts with SKDC Local Plan Policies EN1, EN3 and EN6

    ·       Harm to the setting of the Grade 1 St Leonards Priory

    ·       Qualification for affordable housing was being considered from a District wide perspective, rather than just need for Stamford

    ·       Larger developments were being proposed with affordable homes within the area and closer to facilities

    ·       There had previously been concern raised by the Highways Authority  ...  view the full minutes text for item 30.

31.

Application S20/0632 pdf icon PDF 975 KB

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    Proposal:                  Change of use of the site for dog exercise areas, obedience / agility classes, provision of fencing to dog training areas, hardstanding area for customer parking and the demolition of the existing stables buildings

    Location:                   17 Eastgate, Deeping St James, Lincolnshire, PE6 8HH 

    Recommendation:     That the application is approved conditionally

    Additional documents:

    Minutes:

    Proposal: Change of use of the site for dog exercise areas, obedience / agility classes, provision of fencing to dog training areas, hardstanding area

    for customer parking and the demolition of the existing stables buildings

     

    Location: 17 Eastgate, Deeping St James, Lincolnshire, PE6 8HH

     

    Decision: That the application is refused

     

    As the application was part-heard and Councillors David Bellamy, Mike Exton, Penny Milnes, Jack Smith and Mrs Judy Smith had not been present when it had been considered previously, they did not participate in discussion or vote on the application.

     

    Noting:

     

    ·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·       Site observations

    ·       No objections or observations from Peterborough City Council, as Local Planning Authority

    ·       Environmental Protection Services, South Kesteven District Council recommendations for a grant of 12 month temporary Planning Permission, in order to review any complaints

    ·       Objections and comments from Deeping St James Parish Council

    ·       Lincolnshire County Council Highways and SuDS Support do not wish to restrict the grant of permission

    ·       Representations as a result of publicity

    ·       The assessment of the reasons for refusal submitted by Committee members following the resolution at the meeting on 30 September 2020

    ·       Comments made during the public speaking session on 30 September 2020

    ·       Officer reports issued on 16 September, 28 September, 11 November and 23 November 2020

    ·       Minutes of the meeting held on 30 September 2020

    ·       Comments made by Members at the meetings

     

    After the meeting of the Committee on 30 September 2020 at which members decided that they were minded to refuse the application, they were required to submit, within five working days, their reasons for refusal to the Interim Head of Development Management. These were listed in the case officer’s report together with officer comment thereon.

     

    Members were advised that Officers did not feel the reasons provided were defendable in the event of an appeal should the application be refused. The officer recommendation remained to approve the application.

     

    Members noted the following concerns:

     

    ·       Consideration should be given to the advanced stage of the Local Neighbourhood Plan

    ·       Compliance with SV1

    ·       Increase of vehicular movements

    ·       Assessment of classification of open countryside rather than edge of settlement

    ·       Site’s close proximity to nearby properties including levels of noise emanating from proposed application

    ·       Applicant investment should not be a consideration

    ·       Concern Back Lane was being perceived as main highway while it was felt to be a country lane

     

    A proposal was made to refuse the application, which was seconded.  As the Committee had been minded to refuse the application on 30 September 2020 and the cooling-off period had been invoked, a recorded vote was taken in accordance with the Council’s Constitution.

     

    For:                  Councillors Adams, Bisnauthsing, Crawford, Dilks, Reid, Kaberry-          Brown and Selby (8)

    Against:            - (0)

    Abstain:            - (0)

     

    The vote was carried, the application was refused for the following reasons:

     

    1.    The proposed use of the site, for dog exercise areas, obedience and agility classes is located in close proximity from neighbouring residential uses. The proposed  ...  view the full minutes text for item 31.

32.

Application S20/0311 pdf icon PDF 929 KB

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    Proposal:                  Erection of War Memorial

    Location:                   Main Square, Market Deeping

    Recommendation:     That the application be approved conditionally

    Additional documents:

    Minutes:

    Proposal: Erection of War Memorial

     

    Location: Main Square, Market Deeping

     

    Decision: That the application is refused

     

    As the application was part-heard and Councillors Jacky Smith had not been present when it had been considered previously, she did not participate in discussion or vote on the application.

     

    Noting:

     

    ·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·       Site observations

    ·       Request for considerations from Market Deeping Town Council

    ·       No objections and note of the requirement of a licence from Lincolnshire County Council Highways and SuDS Support

    ·       Concerns raised by South Kesteven District Council, Historic Buildings Advisor

    ·       Representations as a result of publicity

    ·       The assessment of the reasons for refusal submitted by Committee members following the resolution at the meeting on 28 October 2020

    ·       Comments made during the public speaking session on 28 October 2020

    ·       Officer reports issued on 14 October, 26 October and 11 November 2020

    ·       Minutes of the meeting held on 30 September 2020

    ·       Comments made by Members at the meeting

     

    After the meeting of the Committee on 28 October 2020 at which members decided that they were minded to refuse the application, they were required to submit, within five working days, their reasons for refusal to the Interim Head of Development Management. These were listed in the case officer’s report together with officer comment thereon.

    The Head of Development Management advised that whilst the proposed reasons for refusal could be defensible at appeal, the officer recommendation however remained to approve the application.

     

    Members noted the following concerns regarding the application:

     

    ·       Contrary to para 127 NPPF

    ·       Contrary to Local Plan policy DE1 – Promoting Good Quality Design

    ·       Contrary to Local Plan Policy EN6 – The Historic Environment

     

    A proposal was made to refuse the application, which was seconded.  As the Committee had been minded to refuse the application on 28 October 2020 and the cooling-off period had been invoked, a recorded vote was taken in accordance with the Council’s Constitution.

     

    For:                  Councillors Adams, Bellamy, Bisnauthsing, Crawford, Dilks, Exton,      Miles, Reid, Kaberry-Brown and Judy Smith (10)

    Against:            - (0)

    Abstain:            Councillor Selby (1)

     

    The vote was carried

     

    The proposed memorial, by reason of its size, scale, materials and design, would result in harm to the character and appearance of the locality, and the significance and setting of the adjacent listed buildings. The less than substantial harm to the heritage assets and harm to the character and appearance of the area identified is not considered to be outweighed by any public benefits associated with the proposal and is therefore contrary to Local Plan Policies DE1 and EN6 and the NPPF (sections 12 and 16).

     

    At 12.10 the Chairman called a brief recess, the meeting reconvened at 12:15.

     

33.

Application S19/2140 pdf icon PDF 1 MB

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    Proposal:                  Approval of Reserved Matters for appearance, landscaping, layout and scale for 49 dwellings following grant of Outline Permission S18/0093

    Location:                   Land East of Low Road, Barrowby 

    Recommendation:     That the application is approved conditionally

    Additional documents:

    Minutes:

    Proposal: Approval of Reserved Matters for appearance, landscaping, layout and scale for 49 dwellings following grant of Outline Permission S18/0093

     

    Location: Land East of Low Road, Barrowby

     

    Decision: That the application is approved conditionally.

     

    As the application was part-heard and Councillor Helen Crawford had not been present when it had been considered previously, she did not participate in discussion or vote on the application.

     

    Members noted:

     

    ·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·       Site observations

    ·       Comments and request for refusal from Barrowby Parish Council

    ·       Comments and reasons for rejection from Barrowby Neighbourhood Plan Group

    ·       No comments from South Kesteven District Council, Environmental Protection Services

    ·       Advice that revised plans and mix are acceptable from South Kesteven District Council Affordable Housing Officer

    ·       No observations from Anglian Water Services

    ·       No comment from Witham Third Internal Drainage Board

    ·       No comments from Lincolnshire County Council Education and Cultural Services

    ·       No objections from Lincolnshire County Council Highways & SuDS Support

    ·       Representations as a result of publicity

    ·       The assessment of the reasons for refusal submitted by Committee members following the resolution at the meeting on 8 July 2020

    ·       Comments made during the public speaking session on 28 October 2020

    ·       Officer reports issued on 24 June and 11 November 2020

    ·       Minutes of the meeting held on 8 July 2020

    ·       Comments made by Members at the meeting

     

    After the meeting of the Committee on 8 July 2020 at which members decided that they were minded to refuse the application, they were required to submit, within five working days, their reasons for refusal to the Interim Head of Development Management. These were listed in the case officer’s report together with officer comment thereon.

     

    Members were advised that Officers did not feel the reasons provided were defendable in the event of an appeal should the application be refused. The officer recommendation remained to approve the application conditionally, noting advice received from Counsel that reasons provided by Members to refuse were not sustainable upon appeal.

     

    Members noted the following concerns regarding the application:

     

    ·       A recognition of the need for a masterplan

    ·       Other proposed site applications would provide additional affordable housing along with S106 provision

     

    A proposal was made to approve the application, which was seconded.  As the Committee had been minded to refuse the application on 8 July 2020 and the cooling-off period had been invoked, a recorded vote was taken in accordance with the Council’s Constitution.

     

    For:                  Councillors Adams, Bellamy, Bisnauthsing, Dilks, Exton, Reid, Jacky Smith and Judy Smith (8) 

    Against:            Councillor Ian Selby (1) 

    Abstain:            Councillors Milnes and Kaberry-Brown (2)    

     

    The application was approved for the summary of reasons set out in the case officer’s report and subject also to the following conditions:

     

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

    100-378/ 005 - Site Plan - U

    009 - 2B4P 68 House type - C

    010 - 3B5P 81 House Type - C

    011 - 3B5P & 2B4P  ...  view the full minutes text for item 33.

34.

Application S20/0534 pdf icon PDF 1 MB

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    Proposal:                  Erection of single storey side and rear extension (part retrospective) (Revised scheme of S19/1734 & S19/2242)        

    Location:                   78 Denton Avenue, Grantham, NG31 7JH  

    Recommendation:     That the application is refused

     

    Additional documents:

    Minutes:

    Proposal: Erection of single storey side and rear extension (part retrospective)

    (Revised scheme of S19/1734 & S19/2242)

     

    Location: 78 Denton Avenue, Grantham, NG31 7JH

     

    Decision: That the application is approved conditionally.

     

    As the application was part-heard and Councillor Helen Crawford had not been present when it had been considered previously, she did not participate in discussion or vote on the application.

     

    Members noted:

     

    ·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·       Site observations

    ·       Receipt of appeal decision to planning application S19/2242 and the associated Enforcement Notice (APP/E2530/W/20/3250115 and APP/E2530/C/20/3250139

    ·       Appeal for S19/2242 was dismissed

    ·       Enforcement Notice of application S19/2242 to be varied, with the existing extension to be modified as proposed plans for S20/0534

    ·       Previous comments made by SKDC Planning Enforcement to application S19/2242

    ·       Support received from Lincolnshire County Council Highways and SuDS to previous concerns over parking

    ·       Representations as a result of publicity

    ·       The assessment of the reasons for refusal submitted by Committee members following the resolution at the meeting on 19 August 2020

    ·       Comments made during the public speaking session on 19 August 2020

    ·       Officer reports issued on 11 December 2019 and 13 March 2020

    ·       Two previous planning applications reference S19/1734 and S19/2242, were refused by Planning Committee and dated 11 December 2019 and 13 March 2020.

    ·       Minutes of the meeting held on 19 August 2020

    ·       Comments made by Members at the meetings

     

    It was proposed, seconded and agreed unanimously that the application be

    approved for the summary of reasons set out in the case officer’s report and

    subject also to the following conditions:

     

    Time limit for completion

     

    1.    The development hereby permitted shall be completed in full by 02 June 2021.

     

    Approved plans

     

    2.    The development hereby permitted shall be completed in accordance with the following approved plans:

     

    MSP.1696/008; and

    MSP.1696/004

     

35.

Application S19/1784 pdf icon PDF 1 MB

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    Proposal:                  Outline application including details of new vehicular access for up to 71 dwellings, public open space and associated infrastructure.

    Location:                   Land East of Folkingham Road, Morton, PE10 0NR    

    Recommendation:     That the application is approved conditionally and subject to a S106 agreement

     

    Additional documents:

    Minutes:

    The committee’s Legal Advisor, from Legal Services Lincolnshire left the meeting and was replaced by South Kesteven District Council’s Legal Executive.

     

    Proposal: Outline application including details of new vehicular access for up to 71 dwellings, public open space and associated infrastructure.

     

    Location: Land East of Folkingham Road, Morton, PE10 0NR

     

    Decision: That the application is approved conditionally.

     

    Noting comments made during the public speaking session by:

     

    County Councillor: Councillor Sue Woolley

     

    Applicant’s Agent:  Lynette Swinburne

     

    Together with:

     

    ·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·       Site observations

    ·       Objections and comments from Morton and Hanthorpe Parish Council

    ·       Lincolnshire County Council Highways and SuDS Support had no objection subject to conditions including public transport contribution of £30,000

    ·       Lincolnshire County Council Footpaths Officers requested modifications/improvements to Morton Public Footpath nos. 41, 43 and 44

    ·       Black Sluice Internal Drainage Board required consent of the Environment Agency to any future discharge and discharge structures be installed

    ·       No comments received from Natural England

    ·       Anglian Water Authority advised surface water disposal through sustainable drainage system (SuDS)

    ·       NHS England requested a contribution for the development of £46,860

    ·       Education and Cultural Services (LCC) requested contribution for additional school places of £415,614

    ·       Heritage Lincolnshire recommended the developer to commission a Scheme of Archaeological Work

    ·       The Affordable Housing Officer (SKDC) recommended that a minimum of 30% affordable housing be provided

    ·       Further noise assessment work would be required with detailed submission by the Environment Protection Services (SKDC)

    ·       No comments received from the Environment Agency

    ·       Representations received as a result of publicity

    ·       No adopted neighbourhood plan for Morton in place

     

    It was proposed, seconded and agreed unanimously that the application be

    approved for the summary of reasons set out in the case officer’s report and

    subject also to the following conditions:

     

    In accordance with article 4.13.5 of the Council’s Constitution, Councillor Phil Dilks requested that his vote to abstention be recorded.

     

    In the event that the agreement has not been concluded within the twelve-week period and where, in the opinion of the Head of Development Management, there are no extenuating circumstances which would justify a further extension of time, the related planning application shall be refused planning permission for the appropriate reason(s) on the basis that the necessary criteria essential to make what would otherwise be unacceptable development acceptable have not been forthcoming.

     

    Time Limit for Commencement

     

    1.    Details of the reserved matters set out below shall have been submitted to the Local Planning Authority for approval within three years from the date of this permission:

     

    i.      layout

    ii.     scale

    iii.    appearance

    iv.   landscaping

     

    Approval of all reserved matters shall have been obtained from the Local Planning Authority in writing before any development is commenced.

     

     

    2.    The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters, whichever is the latter.

     

    Approved Plans

     

    3.    The development hereby permitted shall be carried  ...  view the full minutes text for item 35.

36.

Application S20/1192 pdf icon PDF 960 KB

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    Proposal:                  Erection of 14 industrial units including storage, warehouse and associated works.

    Location:                   The Bungalow Northfield Road Market Deeping Lincolnshire PE6 8LG

    Recommendation:     That the application is approved conditionally

     

    Additional documents:

    Minutes:

    Proposal: Erection of 14 industrial units including storage, warehouse and

    associated works.

     

    Location: The Bungalow Northfield Road Market Deeping Lincolnshire PE6 8LG

     

    Decision: That the application is approved conditionally.

     

    Noted:

     

    ·       Provisions within the National Planning Policy Framework and the South Kesteven Local Plan and supplementary planning documents

    ·       Site observations

    ·       Site had permission granted to planning application Ref: S19/1106

    ·       No objection or observations from Heritage Lincolnshire

    ·       No objection from Anglian Water Subject to foul water drainage

    ·       No objection from Market Deeping Town Council other than restrictions on use of Class B and operating hours.

    ·       No objection from Lincolnshire County Council Highways and SuDS

    ·       Representations as a result of publicity

     

    It was proposed, seconded and agreed unanimously that the application be

    approved for the summary of reasons set out in the case officer’s report and

    subject also to the following conditions:

     

    Time Limit for Commencement

     

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

     

    Approved Plans

     

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

     

    i.      Site location plan received 20th July 2020

    ii.     308/P/104 Rev A received on 20th July 2020

    iii.    308/P/105 recieved on 20th July 2020

    iv.   308/P/100 Rev C received 27th October 2020

    v.     100 Rev P2 received 20th July 2020

    vi.   101 Rev P2 received 20th July 2020

     

    Unless otherwise required by another condition of this permission.

     

    During Building Works

     

    3.    Prior to the construction above damp-proof course, a scheme for on-site foul water drainage works, including connection point and discharge rate, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any phase, the foul water drainage works relating to that phase must have been carried out in complete accordance with the approved scheme.

     

    4.    Before installation of any external plant, final details of the position, type, external appearance, noise emissions and shall have been submitted to and approved in writing by the local planning authority.

     

    Before the Development is Occupied

     

    5.    Before the end of the first planting/seeding season following the first use of any part of the development hereby permitted, all soft landscape works shall have been carried out in accordance with the approved soft landscaping details on drawing no. 308/P/105.

     

    6.    Notwithstanding details on the approved plans, before first occupation of the units hereby approved, details of a vehicular and pedestrian link to land to the west of the site together with a timetable of implementation must be submitted and approved by the Local Planning Authority.

     

    The approved details should be implemented in accordance with the agreed timetable.

     

    7.    Before any part of the development hereby permitted is brought into use, all hard landscape works shall have been carried out in accordance with the approved hard landscaping details on drawing no. 308/P/100 Rev C.

     

    8.    Before any part of the development hereby permitted is brought into use, the external elevations shall have been completed using  ...  view the full minutes text for item 36.

37.

Any other business, which the Chairman, by reason of special circumstances, decides is urgent

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    Minutes:

    No business was raised.

     

     

38.

Close of Meeting

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    Minutes:

    Meeting closed at 15:12.