Agenda and minutes

Planning Committee - Wednesday, 17th February, 2021 10.00 am

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

Contact: Email: Democracy@southkesteven.gov.uk 

Items
No. Item

78.

Register of attendance, membership and apologies for absence

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    Minutes:

    An apology for absence had been received from Councillor Charmaine Morgan.

     

    An apology for absence had also been received from Councillor Rosemary Kaberry-Brown however, she joined the meeting at 14:00 prior to Agenda Item 8.

     

    A register of attendance was taken, and it was confirmed that the remainder of the Committee were present.

79.

Disclosure of interests

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

    Minutes:

    Councillors Bob Adams and Councillor David Bellamy disclosed a personal interest in application S20/2048 as they were Ward Members for the area.

     

    Councillor Judy Smith disclosed a personal interest in application S20/0065 because the applicant had carried out gardening works for her.

80.

Minutes of the meeting held on 20 January 2021 pdf icon PDF 491 KB

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    Minutes:

    The minutes of the meeting held on 20 January 2021 were agreed as a correct record.

81.

Application S20/0065 pdf icon PDF 565 KB

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    Proposal:                  Construction of bungalow with detached garage, erection of boundary fencing, alterations to driveway

    Location:                   31 Halfleet, Market Deeping

    Recommendation:     That the application is approved conditionally

    Additional documents:

    Minutes:

    Proposal:  Construction of bungalow with detached garage, erection of boundary fencing, alterations to driveway

    Location:   31 Halfleet, Market Deeping

    Decision:   That the application is refused

     

    The Committee considered:

     

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

    ·     Comments but no objection from the SKDC Historic Buildings Advisor.

    ·     Comments but no objection from Lincolnshire County Council Minerals and Waste Planning.

    ·     Comments from the SKDC Arboricultural Consultant and a request for further information regarding the potential impact on surrounding trees.

    ·     No material objections from Market Deeping Town Council in response to the initial consultation, followed by an objection in response to the re-consultation.

    ·     No objection and a Highway Informative from Lincolnshire County Council Highways and SuDS Support.

    ·     Letters of representations received as a result of public consultation.

    ·     Comments made by Members at the meeting.

    ·     Reasons for refusal assessment.

     

    At the meeting of the Committee on 20 January 2021 Members decided that they were minded to refuse the application. Members had been reminded that they would be required to submit their reasons for refusal to the Interim Head of Development Management within five working days. These were listed in the case officer’s report together with officer comment thereon.

     

    Following questions posed to the Officers and debate, Members considered:

     

     ·    The proposals were not in keeping with the character of the area.

     ·    Members referred to and queried whether the application was compliant with policies DE1 (a, b and c), SP2, SP3, NPPF Para 70 and 122 and the SKDC Local Plan.

    ·     The application was viewed as overdevelopment in relation to the size of the site.

    ·     Members considered the application was backland development

    ·     The potential for a negative impact on neighbouring properties due to additional noise and loss of privacy.

    ·     Additional traffic in the back garden area resulting from the proposed development and the potential impact on neighbours along with highway safety.

     

    Members were advised that whilst the officer recommendation remained one of approval, the reasons for refusal relating to impact on the character of the area and loss of privacy to neighbouring properties were considered defensible at appeal, should Members remain minded to refuse the application.

     

    A Member asked if an additional reason for refusal relating to noise and disturbance to neighbouring properties could be added and reference be made to conflict with the NPPF (sections 5 and 12).  Officers advised there was no evidence to support the noise and disturbance reason for refusal, but it would be reasonable to include conflict with the relevant parts of the NPPF. 

     

    A proposal was made to refuse the application as per the advice from the Interim Head of Planning and with reference to the conflict with the NPPF (sections 5 and 12), which was seconded.  As the Committee had been minded to refuse the application on 20 January 2021 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, Milnes,   Reid,  ...  view the full minutes text for item 81.

82.

Application S20/1433 pdf icon PDF 1 MB

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    Proposal:                  Installation of a solar farm comprising ground mounted solar PV panels with a generating capacity of up to 49.9MW, including mounting system, battery storage units, inverters, underground cabling, stock proof fence, CCTV, internal tracks and associated infrastructure, landscaping and environmental enhancements for a temporary period of 40 years and a permanent grid connection hub.

    Location:                   Land South of the A1 (Foston By-Pass), Foston, Grantham

    Recommendation:     That the application is approved conditionally

    Additional documents:

    Minutes:

    Proposal:  Installation of a solar farm comprising ground mounted solar PV panels with a generating capacity of up to 49.9MW, including mounting system, battery storage units, inverters, underground cabling, stock proof fence, CCTV, internal tracks and associated infrastructure, landscaping and environmental enhancements for a temporary period of 40 years and a permanent grid connection hub.

    Location:   Land South of the A1 (Foston By-Pass), Foston, Grantham

    Decision:   Approve subject to conditions

     

    Noting comments made during the public speaking session by:

     

    District Councillor:

    Cllr Paul Wood

    Against:

    James Bliss

    Applicant/Applicant’s Agent:

    Peter Grubb (Savills)

     

    Together with:

     

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

    ·        Foston Neighbourhood Plan 2016 – 2026.

    ·        No objections from Foston Parish Council but a requested condition. Also, a request for further community consultation to be carried out.

    ·        No objections from Long Bennington Parish Council but a requested condition.

    ·        No objections from Westborough and Dry Doddington Parish Council but requests consideration of points raised.

    ·        Comments from Highways England along with a request for landscape screening details.

    ·        No objections from Lincolnshire County Council Highways and SuDS Support.

    ·        Comments from the Upper Witham Drainage Board.

    ·        Comments from Lincolnshire County Council – Footpaths.

    ·        No comments or objections from SKDC Environmental Protection Services.

    ·        No objections and comments from the Environment Agency.

    ·        No objection from Natural England.

    ·        Comments from the Lincolnshire Wildlife Trust.

    ·        No objections from the Conservation Officer.

    ·        Comments from Heritage Lincolnshire in respect of potential archaeological remains.

    ·        No objection from the Ministry of Defence.

    ·        No comments from the Civil Aviation Authority.

    ·        Comments from the South Kesteven Climate Change Officer.

    ·        Representations received as a result of public consultation.

    ·        The additional information report issued on 15 February 2021 and officer comment thereon.

    ·        Comments made by Members at the meeting.

     

    Members also raised the following:

     

     ·        Landscaping provision in respect of mitigating the visual impact for residents and how long it would take to be effective. 

    Members were reminded that the private view for residents was not a material consideration, but everything would be done to minimise the impact by consideration of an effective landscaping scheme.

    ·         Landscape provision to minimise glint and glare for traffic on the A1 and how long it would take to be effective. 

    Members were informed that a professional landscape adviser had been instructed to look at the scope of what would be required. The relevant condition would be considered in consultation with Highways England.

    ·         What flood prevention measures would be in place. 

    Members were informed that the Drainage Board, EA, and Lead Local Flood Authorities had been consulted and they had not objected.  It was noted that panels would be at least 80cms above ground and were located a good distance from the River.

    ·         Whether the footpaths would remain accessible during construction.

    It was noted that public rights of way would remain accessible, the laying of cables was usually undertaken quickly, and a small diversion would be available if required.

    ·         What arrangements would be in place  ...  view the full minutes text for item 82.

83.

Application S20/2048 pdf icon PDF 2 MB

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    Proposal:                  Section 73 application to vary condition 2 (approved plans) of permission S18/1321

    Location:                  Christian Salvesen Ltd, Burton Lane, Easton, NG33 5AU

    Recommendation:     Approve subject to conditions

    Additional documents:

    Minutes:

    Proposal: Section 73 application to vary condition 2 (approved plans) of permission S18/1321

    Location:   Christian Salvesen Ltd, Burton Lane, Easton, NG33 5AU

    Decision:   That the application is approved subject to conditions

     

    Both Councillor Adams and Councillor David Bellamy declared an interest in this application as they were ward councillors for the area.

     

    Noting comments made during the public speaking session by:

     

    Applicant’s Agent: Sophie Watkin

     

    Together with:

     

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

    ·        Comments from Stoke Rochford and Easton Parish Council.

    ·        No comments from Heritage Lincolnshire.

    ·        No objections but comments from Lincolnshire County Council Highways and SuDS support.

    ·        Comments from the Upper Witham Internal Drainage Board.  

    ·        No comments from the Environment Agency.

    ·        No objection from NATs Safeguarding.

    ·        No comments from Historic England.

    ·        No comments or objections from the Ministry of Defence.

    ·        No comments from Highways England.

    ·        No comments from the Gardens Trust.

    ·        No comments received from the Lincolnshire County Council Minerals.

    ·        No comments received from the Lincolnshire Fieldpaths Association.

    ·        No comments received from the Ramblers Association.

    ·        No comments received from SKDC Environmental Protection.

    ·        No comments received from Anglian Water.

    ·        No comments received from Lincolnshire Wildlife Trust.

    ·        No comments received from InvestSK Ltd.

    ·        Representations received as a result of public consultation.

    ·        Comments made by Members at the meeting.

     

    Members commented as follows:

     

    ·         Why the original application that had been ‘time critical’ and approved in 2018 but not started. 

     

    The applicant’s agent noted that due to the confidentiality of the reasons, this could not be discussed.

     

    ·        The height and size of the building were queried.

     

    It was noted that the building was the same size as the previous proposed building.

    ·        Whether the height of the building would be in the flight path for the nearby Ministry of Defence airfield. 

     

    It was noted that the Ministry of Defence had been consulted and they had noted that the application related to a site outside the Ministry of Defence Safeguarding areas.

     

    Members were reminded that the application before them was a Section 73 application and consideration should only be given to the proposed minor amendments to the building.

     

    It was proposed, seconded, and agreed that the application be approved for the summary of reasons set out in the case officer’s report, together with 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 permission S18/1321.

     

    Approved Plans

     

    2               The development hereby permitted shall be carried out in accordance with the list of approved plans as set out within the submitted Drawing Schedule (received 1st December 2020) together with the Location Plan (L0001 A) and Landscape Masterplan (70042740_LA_SW_001 PO1)

     

    And read in accordance with the following application documents:

     

                       ·       Transport Assessment (TA) and Draft Travel Plan Framework, prepared by WSP; and Transport Statement and Framework Travel Plan (Stantec, November 2020)

                       ·       Landscape Masterplan, prepared by WSP

                       ·       Lighting Assessment & Strategy, prepared by PWP

                       ·       Sustainability Assessment, prepared by WSP

                       ·       Noise Assessment,  ...  view the full minutes text for item 83.

84.

Application S20/0669 pdf icon PDF 899 KB

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    Proposal:                  One mobile home and one touring caravan for a traveller that works in forestry

    Location:                   Land North of Bennington Bait, Valley Lane, Long Bennington, Lincolnshire, NG23 5EE

    Recommendation:     That permission is granted for a temporary period and subject to conditions

     

    Additional documents:

    Minutes:

    Proposal: One mobile home and one touring caravan for a traveller that works in forestry.

    Location:   Land North of Bennington Bait, Valley Lane, Long Bennington

    Decision:   Minded to refuse the application

     

    Noting comments made during the public speaking session by:

     

    District Councillor:           Councillor Paul Wood

    Parish Council:                 Councillor Stephen Pearson

    Against:                             Philip Goodman

     

    Together with:

     

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

    ·        No objections but comments from Lincolnshire County Council highways and SuDS support.

    ·        No comments from the Environment Agency.

    ·        A request from the Environmental Protection Services (SKDC) for further details in respect of A1 noise and odour from the adjacent maggot farm.

    ·        No comments from Heritage Lincolnshire.

    ·        Objections from Long Bennington Parish Council.

    ·        Representations received as a result of public consultation.

    ·        The additional information report issued on 15 February 2021 and officer comment thereon.

    ·        Comments made by Members at the meeting.

     

    Members also considered:

     

    ·       Whether the applicant owned the site.

    It was noted the applicant did own the site.

     

    ·       Whether the site provided acceptable amenities. Members felt that it would not contain acceptable amenities in its current state.

     

    ·       Alternatives for the applicant, should the application be refused and what Traveller accommodation provision was available in the District.

     

    ·       Whether air quality studies in respect of the A1 and an odour assessment had been undertaken.

     

    ·       Whether pre-engagement with the local authority had taken place prior to the applicant purchasing and moving onto the site.

    It was noted that no apparent pre-engagement had been undertaken.

     

    ·       Whether a local connection was a consideration. 

    Members were informed that local authorities were required to take account of cross boundary need for traveller accommodation.

     

    ·       The potential for other travellers to join the site. 

    It was noted that the condition stated that any permission would be for the applicant and their resident dependants only.

     

    ·       Whether need had been identified.

    Members were reminded that “need” did not have to be established.

     

    ·       Reference was made to considerations in respect of the provision of sites for Gypsies and Travellers, under Local Plan Policy H5:

     

    a.   An acceptable living environment for its residents;

    b.   Good access to the highway network and would not cause traffic congestion or safety problems;

    c.   Reasonable proximity to shops, schools and health facilities;

    d.   The site was not identified as an area at risk of flooding in the Strategic Flood Risk Assessment (SFRA);

     

    13:00 - As the meeting had been in progress for over 3 hours, the Chairman asked for Members’ consent to continue. Members agreed

     

    A proposition was made that the Committee be minded to refuse the application. As the proposition to refuse the application was contrary to officer recommendations, the cooling off period set out in Article 9.1.9 (c) of the Council’s Constitution was invoked, in line with the meeting procedure for virtual Planning Committee meetings. In accordance with the Constitution, a recorded vote was taken:

     

    For:            Councillors Bellamy, Bisnauthsing, Milnes and Reid (4)

    Against:  ...  view the full minutes text for item 84.

85.

Application S20/1485 pdf icon PDF 1 MB

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    Proposal:                  Expansion of the existing HGV parking to form an additional 40 spaces in two areas of undeveloped site

    Location:                   Moto Service Area, Old Great North Road, Great Gonerby, NG32 2AB 

    Recommendation:     That the application is approved conditionally

    Additional documents:

    Minutes:

    Proposal: Expansion of the existing HGV parking to form an additional 40 spaces in two areas of undeveloped site

    Location:   Moto Service Area, Old Great North Road, Great Gonerby, NG32 2AB 

    Decision:   Approved subject to conditions

     

    Members considered:

     

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

    ·        No objections from Lincolnshire County Council highways and SuDS.

    ·        No objections from Highways England.

    ·        No comments from the Environment Agency.

    ·        Representations as a result of public consultation.

    ·        Comments made by Members at the meeting.

     

    During debate Members discussed:

     

    ·       The potential impact of additional HGV vehicles for Travel Lodge guests.

     

    ·       Whether consultation with all businesses on the site had taken place.

    It was confirmed that all businesses had been consulted and that Moto Hospitality, which covered the whole site, were the applicant.

     

    ·       Landscaping and trees.

     

    It was proposed, seconded, and agreed that the application be approved for the summary of reasons set out in the case officer’s report together with 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.         7149_01 Received on 4th Sept 2020

              ii.        7149_02 Received on 4th Sept 2020

              iii.       7149_03 Received on 4th Sept 2020

             

    Unless otherwise required by another condition of this permission.

                  

    Before the Development is Commenced

     

    3        Before the development hereby permitted is commenced, a scheme for the treatment of surface water drainage shall have been submitted to and approved in writing by the Local Planning Authority.

     

    During Building Works

     

    4        Before any construction work above ground is commenced, details of any soft landscaping works shall have been submitted to and approved in writing by the Local Planning Authority. Details shall include:

     

    i.     planting plans;

    ii.    written specifications (including cultivation and other operations associated with plant and grass establishment);

    iii.   schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

     

    5        The development hereby approved shall be carried out in accordance with the recommendations contained within the following reports:

     

    - Preliminary Ecological Appraisal Ref: 20961/E1

     

    6        Prior to the installation of any external lighting associated with the development hereby approved, a scheme for the provision of external lighting together with a Lighting Assessment (including design, size and illuminance) shall be submitted to and approved in writing by the Local Planning Authority.  No External lighting other than details approved by this condition shall be installed within the HGV parking areas hereby approved.

     

    Before the Development is brought into use

     

    7        Before any part of the development hereby permitted is brought into use, the works to provide the surface water drainage shall have been completed in accordance with the approved details.                

                     

    8        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  ...  view the full minutes text for item 85.

86.

Application S20/0345 pdf icon PDF 2 MB

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    Proposal:                  Erection of an earth sheltered dwelling house with associated soft/hard landscaping and the erection of three commercial buildings.

    Location:                   Land West of Bridge End, Colsterworth

    Recommendation:     Refusal

     

    Additional documents:

    Minutes:

    Proposal: Erection of an earth sheltered dwelling house with associated soft/hard landscaping and the erection of three commercial buildings.

    Location:   Land West of Bridge End, Colsterworth

    Decision:   Withdrawn by the applicant

     

    The Chairman noted that the applicant had requested that this item be withdrawn from this agenda as they were awaiting an Ecology Report.

87.

Application S20/0564 pdf icon PDF 989 KB

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    Proposal:                  Erection of 3 attached dwellings

    Location:                   Land to the South of 141 Stamford Street, Grantham, NG31 7BS 

    Recommendation:     That the application is approved conditionally

    Additional documents:

    Minutes:

    Proposal: Erection of 3 attached dwellings

    Location:   Land to the South of 141 Stamford Street, Grantham, NG31 7BS 

    Decision:   Minded to refuse the application

     

    Noting comments made during the public speaking session by:

     

    District Councillor:          Councillor Adam Stokes

    Against:                            Steven Parfitt

     

    Together with:

     

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

    ·        No comments from SKDC Environmental Protection Services.

    ·        No objections, subject to informatives, from Lincolnshire County Council Highways and SuDs Support.

    ·        No comments from Witham Third Internal Drainage Board.

    ·        Representations as a result of consultation.

    ·        Comments made by Members at the meeting.

     

    Members considered the following during debate:

     

    ·        Members referred to policies DE1 (b) NPPF page 32, 105d and 106 and the SKDC Local Plan which had been updated after the approval of the previous application which had elapsed.

    ·        Whether the application would be an overdevelopment in relation to the size of the site.

    ·        Whether the proposals were in keeping with the character of the area.

    ·        The potential for a negative impact on neighbouring properties due to loss of privacy.

    ·        Additional traffic in the area and the potential impact on neighbours

    ·        Access for emergency services vehicles.

    ·        Whether the frontage of the properties could be moved back to enable off-street parking. 

    It was noted that officers had asked the applicant if they wished to further amend the scheme, but the applicant had requested the application be determined in the presented format.

    ·        Distance from the site to amenities such as schools, health centres and the town centre.

     

    A proposition put forward was that the Committee be minded to refuse the application. As the proposition to refuse the application was contrary to officer recommendations, the cooling off period set out in Article 9.1.9 (c) of the Council’s Constitution was invoked, in line with the meeting procedure for virtual Planning Committee meetings. In accordance with the Constitution, a recorded vote was taken:

     

    For:            Councillors Bisnauthsing, Crawford, Dilks, Kaberry-Brown, Milnes, Reid and Mrs Judy Smith (7)

    Against:     Councillor Bellamy (1)

    Abstain:     Councillors Adams, Exton, Selby, Mrs Jacky Smith (4)

     

    The vote was carried and those Committee Members who voted in favour of the proposition had five working days to provide the Interim Head of Planning with the planning reasons for their view, together with supporting evidence. The application would be placed on the agenda for consideration at a future meeting of the Planning Committee when the Interim Head of Planning would provide his opinion on whether the reasons advanced were substantial enough for the authority to defend the decision at an inquiry. In light of any additional information, the Committee would then be empowered to determine the application without being fettered by their vote at the previous meeting.

88.

Close of meeting

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    Minutes:

    The Meeting closed at 15:31.