Agenda item

Application S20/2056

Proposal:                  Demolition of existing factory premises (excluding original factory building at south western edge of site). Erection of a high-quality mixed-use development comprising; Class E development of offices and workshops (10,000m2 (GIA)), local foodstore and café; c190 dwellings including 30% affordable housing (Class C3); a retirement village including ancillary facilities (Class C2); public open space including strategic landscaping at the eastern end of the site; and all associated infrastructure. Means of access provided off Barnack Road through adaptation of existing vehicular access points as necessary. Secondary pedestrian and cycle access via Edgar Gardens.

Location:                   Land north of Barnack Road, Stamford, Lincolnshire

 

Recommendation:   1. That the Assistant Director - Planning is authorised to APPROVE the application subject to the conditions set out at the end of this report and subject to completion of a Section 106 planning Agreement securing the requirements specified in the developer contributions section of the report. Where the S106 obligation has not been concluded prior to the Committee, a period not exceeding twelve weeks after the date of the Committee shall be set for the completion of that obligation.

 

 

2. In the event that the agreement has not been concluded within the twelve-week period and where, in the opinion of the Assistant Director - Planning, 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.

 

Minutes:

Proposal:                 Demolition of existing factory premises (excluding original factory building at south western edge of site). Erection of a high-quality mixed-use development comprising; Class E development of offices and workshops (10,000m2 (GIA)), local foodstore and café; c190 dwellings including 30% affordable housing (Class C3); a retirement village including ancillary facilities (Class C2); public open space including strategic landscaping at the eastern end of the site; and all associated infrastructure. Means of access provided off Barnack Road through adaptation of existing vehicular access points as necessary. Secondary pedestrian and cycle access via Edgar Gardens

Location:                 Land north of Barnack Road, Stamford, Lincolnshire

Decision:                 1. That the Assistant Director - Planning is authorised to APPROVE the application subject to the conditions set out at the end of this report and subject to completion of a Section 106 planning Agreement securing the requirements specified in the developer contributions section of the report. Where the S106 obligation has not been concluded prior to the Committee, a period not exceeding twelve weeks after the date of the Committee shall be set for the completion of that obligation

2. In the event that the agreement has not been concluded within the twelve-week period and where, in the opinion of the Assistant Director - Planning, 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

Noting comments made during the public speaking session by:

Parish Council(s):   Dr Margaret Palmer, Barnack Parish Council

Cllr Shaun Ford, Stamford Town Council                                                  

Against:                   Susan Boyd

                      Deborah Hewson

Applicant:                Mark Flood

Together with:

·            SKDC Local Plan 2011 – 2036

·            National Planning Policy Framework (NPPF) – revised July 2021

·            Support received from Stamford Town Council, but observations made.

·            Support and concerns raised by Wothorpe Parish Council.

·            No comments received from St Martins Without Parish Council.

·            Objections received from Barnack Parish Council

·            No objections from a Heritage perspective from Peterborough City Council, but comments regarding the Transport Assessment

·            No objections, subject to imposition of appropriate Planning Conditions from Natural England.

·            Comments from Lincs Wildlife Trust.

·            Comments from Bedfordshire, Cambridgeshire and Northamptonshire Wildlife Trust.

·            Comments and request for contributions towards enhanced facilities from Network Rail.

·            Comments on needs to upgrade from Western Power Distribution.

·            Recommendation for planning conditions regarding contamination and drainage from the Environment Agency.

·            Recommendations to ensure contamination remediation and noise mitigation received from South Kesteven District Council Environmental Protection.

·            Comments received from Anglian Water

·            No comments received from Welland and Deepings Internal Drainage Board.

·            No objections and recommended conditions received from Lincolnshire County Council (Lead Flood Authority) .

·            Requirement for a Scheme of Archaeological Works from Heritage Lincolnshire.

·            No comments from Historic England.

·            No comments from the Gardens Trust.

·            Comments from South Kesteven District Council Heritage Advisor

·            Comments regarding and Environmental Impact Assessment, heights of buildings and welcome the retention of the 1904 building from Stamford Civic Society.

·            No objection from Highways England.

·            No objections, but recommendations from conditions from Lincolnshire County Council Highways.

·            No objections from Lincolnshire County Council Minerals.

·            Request for an upgrade to the bridleway from Lincolnshire County Council Footpaths.

·            Request for £92,238 towards capacity at local schools from Lincolnshire County Council Education.

·            Request for financial contribution of £125,400 from the NHS.

·            No response received from Lincolnshire Fire and Rescue.

·            Requirements for affordable dwellings received from the South Kesteven District Council Affordable Housing Officer.

·            Comments from South Kesteven District Council in its capacity as LPA) Viability Advisor.

·            Comments from the South Kesteven District Council Design Officer.

·            Representations as a result of publicity.

·            Information included within the Additional Information Report issued on 5 October.

Members asked the following questions to the applicant:

·            Whether the applicant had met with Stamford Town Council to address their issues.

 

The applicant confirmed that he had embarked upon a series of public online consultations with stakeholders, including Stamford Town Council. It was confirmed that the issues raised by the representative from Stamford Town Council had been discussed at some length during that exercise.

·            Whether the traffic survey been conducted during lockdown.

 

The applicant confirmed that a traffic survey had been undertaken during lockdown, but that the purpose of this was not to assess traffic volume but to assess traffic speeds. It was noted that during lockdown the recorded speeds were likely to have been higher due to lower traffic flows.

·            A concern was raised around whether the development would create more traffic in the area.

 

The transport assessment submitted alongside the Planning Application had undertaken a full multi-model assessment. As a result of this, the application proposed improvements along Barnack Road in the form of enhanced pedestrian and cycle connectivity.

·            Were there any proposals to impose any mitigation against speed along Barnack Road.

 

The development did not propose to reduce speed limits along Barnack Road,the delivery of the development was not contingent upon the reduction of the speed limit. The applicant noted that they would fully support a reduction in speed limit, should the Highway Authority be willing to pursue that.

·            Whether any efforts had been made to make the development sustainable.

 

It was confirmed that the concept of the Masterplan itself was sustainable and soft sustainability had been included.

During questions to Officers and debate, Members commented on:

·            No proposals within the application to install lighting on the bridge.

·            That there had been no Environmental Impact Assessment.

·            Whether the development could be developed as a green village or carbon 0 site.

·            Concerns were raised about the reduction of affordable housing, but noted that this was in line with the Local Plan. 

·            The amount of money to be paid towards the proposed crossing upgrade.

·            Concerns about the lack of climate change mitigation proposed by the applicant. Members noted that all major applications should include a paragraph outlining proposed climate change mitigation.

·            Welcomed the Highways Authority reducing speed to 30mph to the edge of the development.

·            The material of the paths.

·            Benefits for Stamford and for the south of the Lincolnshire.

·            A desire to pursue carbon neutral conditions in future.

·            That lighting be addressed when reserved matters are considered as part of the full planning application.

 

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 or two years from the approval of the last of the reserved matters, whichever is the later.

 

Reason: To comply with section 91 of the Town and Country Planning Act 1990 The development hereby permitted shall be carried out in accordance with the following list of approved plans:

 

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

 

a.  6178/PL 01 – Site Location Plan

b.  8190658/01 - Commercial Access General Arrangement

c.   8190658/02 - Western Residential Access General Arrangement

d.  8190658/03 - Central Residential Access General Arrangement

e.  8190658/04 - Eastern Residential Access General Arrangement

f.    8190658/05 - Edgar Gardens Pedestrian / Cycle Link General Arrangement

g.  8190658/6101 rev P4 - Highway Works Pedestrian and Cycle Improvements General Arrangement - Sheet 1

h.  8190658/6102 rev P5 - Highway Works Pedestrian and Cycle Improvements General Arrangement - Sheet 2

i.    8190658/6103 rev P5 - Highway Works Pedestrian and Cycle Improvements General Arrangement - Sheet 3

 

Unless otherwise required by another condition of this permission.

 

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

Site Preparation Works

 

3.          For the purposes of the conditions of this permission, the following are referred to as Site Preparation Works:

 

a.  works of demolition undertaken in accordance with the Demolition Method Statement referred to in condition 4

b.  works of remediation carried out in accordance with the Scheme of Further Site Contamination Investigations and the Remediation Strategy referred to in conditions 5 and 6

c.   the implementation of archaeological works in accordance with the Scheme of Archaeological Works referred to in condition 8

d.  works for the re-routing and re-configuration of power lines that cross the site.

 

Reason: For the avoidance of doubt

Planning Obligation

 

4.          Other than implementation of the Site Preparation Works referred to in condition 2 above, no development shall take place unless and until all parties with an interest in the ‘Council Land’ have entered into a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) in order to bind the ‘Council Land’. This agreement shall be in the form of, and shall secure the same obligations as, the agreement attached to this decision notice.

 

For the purposes of this condition the ‘Council Land’ shall mean all that land currently owned by the Council and shown edged red on Plan 1 appended to this decision notice.

 

Reason: To ensure that the planning obligations necessary for the development to proceed will apply to the whole of the land covered by the planning permission

 

Demolition, Contamination and Archaeology

 

5.          The development hereby permitted shall not commence until a detailed Demolition Method Statement for the removal of existing buildings and structures from the Council Land has been submitted to and approved in writing by the Local Planning Authority. The Demolition Method Statement shall include the results of an asbestos survey to be carried out in advance of demolition, as well as arrangements for the management of vehicle movements associated with the demolition works.

 

The demolition of existing buildings shall thereafter be carried out in accordance with the approved Demolition Method Statement.

 

Reason: Demolition is one of the first operations to take place on the site. It is necessary to require the submission and approval of a scheme of demolition prior to commencement of the development in order to ensure that this is carried out in a way which minimises pollution risks, in compliance with South Kesteven Local Plan policy EN4

 

6.          No demolition shall take place until a Contamination Strategy within the Council Land has been submitted to and approved in writing by the Local Planning Authority. The submitted Contamination Strategy shall:

 

a.  be based on the findings and recommendations contained in Preliminary Geo-Environmental Risk Assessment, and the Geo-Environmental Report (CAT1) by Delta- Simons Project, both Project No. number 18-1356.05 dated January 2020 and submitted with the application

b.  include details of further investigations to be carried out within each phase of the development of the Council Land.

 

Reason: To ensure that the contamination is identified, and remediated, in compliance with South Kesteven Local Plan policy EN4

 

7.          Following the implementation of the Contamination Strategy approved under condition 5 within any phase of development of the Council Land, the results shall be used to prepare a Scheme of Remediation relating to that phase to deal with the risks associated with contamination of the Council Land. The Scheme of Remediation for each phase shall include the following components:

 

a.  a detailed assessment of the risk to all receptors that may be affected, including those off- site.

b.  an options appraisal giving full details of the remediation measures required to deal with any contamination found and how these measures are to be undertaken.

c.   a verification plan providing details of the data that will be collected in order to demonstrate that the works to deal with any contamination have been completed and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Other than implementation of the Site Preparation Works referred to in condition 2 above, no development shall take place within each phase until the Scheme of Remediation for that phase has been:

 

            i.       submitted to and approved in writing by the Local Planning Authority; and

          ii.        subsequently implemented in full.

 

Reason: To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by unacceptable levels of water pollution to ensure that the demolition is carried out in a way which minimises pollution risks, in compliance with South Kesteven Local Plan policy EN4

 

8.          If, during any part of the construction phase of the development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a scheme of remediation has been submitted to and approved in writing by the local planning authority detailing how this unsuspected contamination shall be dealt with.

 

Reason: To ensure that the contamination is identified, and remediated, in compliance with South Kesteven Local Plan policy EN4

 

9.          The development hereby permitted shall not commence until a Scheme of Archaeological Works relating to that part of the site to the east of the Council Land has been submitted to and approved in writing by the Local Planning Authority. The Scheme of Archaeological Works shall include:

 

            i.       a written scheme of investigation (WSI)

          ii.        measures to ensure the preservation in situ, or the preservation by record, of archaeological features of identified importance

         iii.       methodologies for the recording and recovery of archaeological remains, including artefacts and ecofacts

         iv.       post-fieldwork methodologies for assessment and analyses

          v.       report content and arrangements for dissemination, and publication proposals - archive preparation and deposition with recognised repositories

         vi.       a timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work is undertaken and completed in accordance with the WSI

       vii.        monitoring arrangements, including the notification in writing to the Local Planning Authority of the commencement of archaeological works and the opportunity to monitor such works

      viii.       a list of all staff involved in the implementation of the WSI, including subcontractors and specialists, their responsibilities and qualifications

 

Reason: Initial works at the site have the potential affect archaeological resources, so it is necessary to require this scheme of works before development commences to ensure that these resources are not lost without being first recorded, in compliance with South Kesteven Local Plan policy EN6

 

10.      No development hereby permitted shall take place on a part of the site which is subject to the Scheme of Archaeological Works approved under condition 8 until those Archaeological Works have been completed on that area.

 

Reason: To ensure that any archaeological resources present in the site are not lost without being first recorded the contamination is identified, and remediated, in compliance with South Kesteven Local Plan policy EN6

 

Phasing

 

11.      Other than the Site Preparation Works referred to in condition 2 above, none of the works for the development hereby permitted shall begin until a detailed Phasing Plan for the whole site has been submitted to and approved in writing by the Local Planning Authority. The Phasing Plan shall:

 

a.  show the relationship between the Site Preparation Works and the remainder of the development

b.  show the relationships between the commercial, housing, retirement village and infrastructure components of the development (including blue and green infrastructure) as the scheme progresses;

c.   include details of the following:

 

                   i.    the stage by which the off site highway works referred to in condition 20 will have been completed and available for use;

                 ii.    the stage by which the access works required by conditions 17 and 19 of this permission will have been completed and available for use

                iii.    details of the timing of, the implementation of the Landscape and Ecological Management Plan referred to in condition 26 of this permission

 

The development shall thereafter be carried out in accordance with the approved Phasing Plan unless variations have been agreed in writing by the Local Planning Authority beforehand.

 

Reason: To ensure that the different parts of the mixed use development are progressed together, so that the employment uses and other benefits of the scheme are realised to ensure compliance with South Kesteven Local Plan policy E6.

 

Reserved Matters

 

12.      Other than the Site Preparation Works referred to in condition 2 above, none of the works for the development hereby permitted shall begin until details of Reserved Matters have been submitted to the Local Planning Authority for approval. Reserved Matters shall be submitted to the Local Planning Authority within 3 years from the date of this permission and shall include:

 

a.  layout - including a masterplan to show:

                      i.    the overall layout of the different uses proposed across the entire development; and

                     ii.    the mix of housing types and sizes across the site

b.  scale - including a plan to show the distribution of building heights across the site

c.   appearance – including external materials and means of enclosure; and landscaping.

 

Reason: The application has been made in outline form under Article 5(1) of the Town & Country Planning (Development Management Procedure) (England) Order 2015

 

13.      The submitted reserved matters shall be broadly in accordance with the following drawings and documents submitted with the outline application:

 

            i.       Land use parameters 6178/PL 03

          ii.        Height parameters 6178/PL 04

         iii.       Street and Placemaking Code HP/6178

 

The development shall thereafter be carried out in accordance with the approved Reserved Matters unless variations have been agreed in writing by the Local Planning Authority beforehand.

 

Reason: In order that the development is carried out in accordance with the parameters against which the application was assessed.

 

14.      Before the end of the first planting/seeding season following the occupation/first use of the final building within each phase of the development hereby permitted, all soft landscape works shall have been carried out in accordance with the soft landscaping details approved under condition 11. The date of completion of the landscaping works within each phase of the development shall be notified in writing to the Local Planning Authority within 28 days of their completion.

 

Reason: To ensure that the approved landscaping is delivered in a timely fashion, in accordance with South Kesteven Local Plan policy DE1.

 

15.      Within a period of five years from the completion of soft landscaping works within each phase of the development hereby permitted (as notified under condition 13), any trees or plants provided as part of the approved soft landscaping scheme within that phase, 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 was approved under condition 11 unless otherwise agreed by the Local Planning Authority

 

Reason: To ensure that well designed hard and soft landscaping is provided and maintained, in accordance with South Kesteven Local Plan policy DE1.

 

Changes of Use

 

16.      Unless otherwise agreed in writing beforehand by the Local Planning Authority under the conditions of this permission, the amounts of development hereby permitted shall be limited to the following uses and to the maximum levels of each (as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended)):

 

a.  Housing within Class C3 - up to 190 units

b.  Retirement village within Class C2 – up to 150 units of accommodation together with communal facilities buildings

c.   Commercial development within Class E(g) – up to 10,000m2 gross internal floorspace, consisting of around 7,500m2 within Classes E.(g)(i) and (ii), and around 2,500m2 within Classes E.(g)(iii).

d.  convenience store within Class E(a) – up to 400m2 gross internal floorspace

e.  café within Class E(b) – up to 280m2 gross internal floorspace

 

Reason: For the avoidance of doubt and in order that the development is carried out in accordance with the parameters against which the application was assessed.

 

17.      Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 2015 (both as amended and as may be varied in the future), there shall be no change of use in either direction between the following Classes of development without the express permission of the Local Planning Authority:

 

a.  on the one hand Classes E.(g)(i) and (ii), and on the other hand Class E.(g)(iii)

b.  Class C3 and Class C4

c.   on the one hand Class E and on the other hand Class C3 or C4

d.  Class E.(a) and Class E.(g)

 

Reason: For the avoidance of doubt and in order that the development is carried out in accordance with the parameters against which the application was assessed.

 

Access

 

18.      Unless otherwise approved as part of the phasing arrangements under condition 10, prior to the occupation of any building constructed on the site, the four vehicular accesses and the principle pedestrian/cycle access from Edgar Gardens shall be constructed and be available for use in accordance with the following drawings:

 

a.  8190658/01 - Commercial Access General Arrangement

b.  8190658/02 - Western Residential Access General Arrangement

c.   8190658/03 - Central Residential Access General Arrangement

d.  8190658/04 - Eastern Residential Access General Arrangement

e.  8190658/05 - Edgar Gardens Pedestrian / Cycle Link General Arrangement

 

Reason: To ensure that adequate and safe access is provided to the development in compliance with South Kesteven Local Plan policy ID2.

 

19.      In addition to the details referred to in condition 17 above, those parts of any proposed roadways and associated footways which will be constructed within the limits of the existing highway (Barnack Road), shall be laid out and constructed to finished surface levels only in accordance with details to be submitted to and approved in writing by the Local Planning Authority. This requirement applies to:

 

a.  any temporary construction access – details to be submitted and approved prior to first use of that access

b.  permanent access – details to be submitted and approved prior to the first occupation of any building served by that access.

 

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway in compliance with South Kesteven Local Plan policy ID2.

 

20.      Other than the Site Preparation Works approved under condition 2 above, none of the works for the development hereby permitted shall begin until details of at least four additional pedestrian and cycle access points have been submitted to and approved in writing by the Local Planning Authority.

 

The additional pedestrian and cycle access points shall be provided in accordance with the approved details and in accordance with the Phasing Plan approved under condition 10.

 

Reason: To ensure that sustainable alternative transport choices are provided by the development, in compliance with South Kesteven Local Plan policy ID2.

 

Off-site highway works

 

21.      Unless otherwise approved by the Local Planning Authority as part of the Phasing Plan under condition 9, no commercial space, housing or retirement village accommodation hereby permitted shall be occupied until the off-site highway works (footway widening and resurfacing, additional street trees, and provision of new bus stops, and improvements to the existing Abbots Close bus stops) shown on the following drawings have been constructed and are available for use:

 

a.  8190658/6101 rev P4 - Highway Works Pedestrian and Cycle Improvements General Arrangement - Sheet 1

b.  8190658/6102 rev P5 - Highway Works Pedestrian and Cycle Improvements General Arrangement - Sheet 2

c.   8190658/6103 rev P5 - Highway Works Pedestrian and Cycle Improvements General Arrangement - Sheet 3

 

Reason: To ensure that sustainable alternative transport choices are provided by the development, in compliance with South Kesteven Local Plan policy ID2.

 

Construction Management

 

22.      Other than the Site Preparation Works approved under condition 2, no phase of the development shall take place until a Construction Management Plan and Method Statement relating to that Phase has been submitted to and approved in writing by the Local Planning Authority which shall indicate measures to mitigate against the impacts of traffic and site operations during the construction stage of the proposed development.

 

The Construction Management Plan and Method Statement shall include:

 

a.  Details of construction access for each phase of the development;

b.  parking of vehicles for site operatives and visitors;

c.   loading and unloading of plant and materials;

d.  storage of plant and materials used in constructing the development;

e.  wheel washing facilities;

f.    the routes of construction traffic to and from the site including any off site routes for the disposal of excavated material and;

g.  a strategy stating how surface water run off on and from the development will be managed during construction and protection measures for any sustainable drainage features. This should include drawing(s) showing how the drainage systems (permanent or temporary) connect to an outfall (temporary or permanent) during construction

h.  measures to control dust

i.    measures to control noise, including limits to hours of working.

 

The approved Construction Management Plan and Method Statement shall be implemented in full throughout the construction period.

 

Reason: To ensure that adequate and safe access is provided for construction traffic in compliance with South Kesteven Local Plan policy ID2, and to ensure that the development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the development during construction in compliance with South Kesteven Local Plan policy EN4.

 

Travel Plan

 

23.      Unless otherwise approved by the Local Planning Authority as part of the Phasing Plan under condition 9, no commercial space, housing or retirement village accommodation hereby permitted shall be occupied until a revised Framework Travel Plan has been submitted and approved in writing by the Local Planning Authority.

 

Reason: To ensure that sustainable alternative transport choices are promoted by the development, in compliance with South Kesteven Local Plan policy ID2.

 

24.      Prior to the occupation of each Phase of the development hereby permitted, a detailed Travel Plan relating to that Phase shall be submitted to and approved in writing by the Local Planning Authority. Each phase Travel Plan shall be in accordance with the Framework Travel Plan approved under condition 22, shall include a timetable for implementation, and shall be implemented in full.

 

Reason: To ensure that sustainable alternative transport choices are promoted by the development, in compliance with South Kesteven Local Plan policy ID2.

 

Surface Water Drainage

 

25.      Other than the Site Preparation Works approved under condition 2 above, no works for the development hereby permitted shall commence until a surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall:

 

a.  be in general conformity with the surface water drainage strategy contained in the submitted Flood Risk Assessment CV8190658/CS/DW/029 dated 29 September 2020

b.  provide attenuation details and discharge rates which shall be restricted to 5 ls-1

c.   provide details of the timetable for and any phasing of implementation for the drainage scheme; and

d.  provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

 

No building shall be occupied until the parts of the approved scheme designed to accept surface water from that building have been completed. The approved 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 in compliance with South Kesteven Local Plan policy EN5.

 

Noise

 

26.      Other than the Site Preparation Works approved under condition 2 above, no works for the development hereby permitted shall commence within each phase until a detailed scheme of noise mitigation relating to that phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall set out measures to address noise from the railway and the commercial development proposed in so far as it may affect the residential amenity of occupiers of new dwellings within the site and existing dwellings on adjacent land. The approved noise mitigation scheme for each phase of the development shall be implemented in full.

 

Reason: To ensure that new and existing residents benefit from an acceptable standard of amenity and living conditions, in compliance with South Kesteven Local Plan policy EN4.

 

Biodiversity

 

27.      Other than the Site Preparation Works approved under condition 2 above, no works for the development hereby permitted shall commence until a Landscape and Environmental Management Plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The LEMP shall be prepared in general accordance with the conclusions and recommendations contained in Section 6 of the Biodiversity management plan dated April 2020 and section 2 of the Biodiversity Enhancement Statement dated June 2020 submitted with the application.

 

The approved LEMP shall be implemented in full.

 

Reason: To ensure that opportunities for biodiversity enhancements are realised, in accordance with South Kesteven Local Plan policies EN2 and EN3.

 

28.      No removal of hedgerows, trees, shrubs or other climbing plants shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

 

Reason: To ensure that breeding birds are protected from disturbance and harm, in accordance with South Kesteven Local Plan policy EN2.

 

External Lighting

 

29.      Prior to occupation of any phase of the development adjoining the northern boundary of the site, a lighting strategy for that phase shall be submitted to and approved in writing by the local planning authority. The strategy shall:

 

a.  assess the potential for lighting to lead to safety hazards in relation to the operation of the adjoining railway

b.  identify those areas/features on site to which nocturnal wildlife such as bats and otters are particularly sensitive and that are likely to cause disturbance in or around their breeding sites and resting places, or along important routes used to reach key areas of their territory, for example, for foraging, and

c.   show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

 

Reason: To ensure both the safety of the operation of the railway, and that wildlife is encouraged and protected from disturbance and harm, in accordance with South Kesteven Local Plan policy EN2.

 

30.      All external lighting shall be installed in accordance with the specifications and locations set out in the strategy approved under condition 28 of this permission, and these shall be maintained thereafter in accordance with that strategy. No other external lighting be installed without prior consent from the local planning authority.

 

Reason: For the avoidance of doubt.

 

Sustainable Building

 

31.      No building operations with a phase of the development hereby permitted shall commence construction until a scheme of detailed measures mitigate and adapt to the effects of climate change has been submitted to for approval in writing by the Local Planning Authority. The measures shall be in general accordance with or of equal mitigating effect to those summarized at paragraphs 5.2.5 and 5.2.6 of the Sustainability and Energy Statement submitted with the application.

 

Reason: To ensure that the development includes measures to mitigate and adapt to the effects of climate change, in accordance with South Kesteven Local Plan policy SB1.

 

Play Area

 

32.      The Reserved Matters submitted under condition 11 shall include details of the location, design and equipment to be installed in a Locally Equipped Area for Play (LEAP) associated with the dwellings hereby permitted. The LEAP shall be implemented and made available for use prior to the occupation of the first dwelling approved as part of this permission.

 

Reason: To ensure that the development provides sufficient open space of the right type to meet the needs of children and young people in accordance with South Kesteven Local Plan policy OS1.

 

Foul Drainage

 

33.      No development which comprises the erection of a building required to be served by water services shall be undertaken in connection with any phase of the development hereby permitted until details of a scheme, including phasing, for the provision of mains foul sewage infrastructure on and off site has been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that the development will be connected to adequate foul water treatment and disposal infrastructure, in accordance with South Kesteven Local Plan policy EN5.

 

34.      At least 10% of the new dwellings provided in the development must be designed to be ‘Accessible and Adaptable’ in line with the optional standards set out in Part M4(2) of the Building Regulations.

 

Reason: To ensure that the development will deliver high standard of design, in accordance with South Kesteven Local Plan policy DE1.

 

South Kesteven District Council is both:

 

a.  an applicant and owner of part of the land and

b.  local planning authority which will decide the application

 

Therefore, the application is submitted under regulation 3 of the Town and Country Planning General Regulations 1992 (as amended). Planning Committee members who have a role in the management of the Council’s land within the site – the former Cummins factory – may wish to take advice from Democratic and Legal Services before taking part in the decision on this application.

 

Supporting documents: