Agenda item

Proposal: Demolition of existing buildings and erection of 41 unit retirement living facility, car parking spaces, access, landscaping and ancillary development

Location: Land off Priory Road, Stamford

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions and completion of a Section 106 Agreement.

Proposal:Demolition of existing buildings and erection of 41 unit retirement living facility, car parking spaces, access, landscaping and ancillary development

Location:Land off Priory Road, Stamford

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions and completion of a Section 106 Agreement.

Noting comments made in the public speaking session by:

 

District Ward Councillor:   Councillor Harrish Bisnauthsing

Applicant’s Agent:             Rachel Clare

 

Together with:

 

·       Provisions within the South Kesteven Local Plan 2011-2036, the National Planning Policy Framework (NPPF), Design Guidelines for Rutland and South Kesteven Supplementary Planning Document, Lincolnshire Minerals ad Waste Local Plan: Core Strategy and Development Management Policies DPD and Stamford Neighborhood Plan 2016-2036.

·       Comments received from Anglian Water.

·       No comments received from Cadent Gas.

·       Comments received from Environment Agency.

·       No comments received from The Association of Gardens Trust.

·       Comments received from Heritage Lincolnshire.

·       Comments received from Historic England.

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

·       No comments received from Lincolnshire County Council (Minerals Planning Authority).

·       No comments received from Lincolnshire Fire and Rescue.

·       No comments received from Lincolnshire Police.

·       Comments received from NHS Lincolnshire.

·       Comments received from SKDC Affordable Housing Officer.

·       Comments received from SKDC Conservation Consultee.

·       Comments received from SKDC Environmental Protection Officer.

·       Comments received from SKDC Arboricultural Consultee.

·       Comments received from SKDC Principal Urban Design Officer.

·       Comments received from Stamford Town Council.

·       Comments received from Ward Member.

 

During questions to Public Speakers, Members commented on:

 

·       Concern was raised from the site visit around the ability to cross the proposed site to local amenities. It was queried what improved pedestrian crossings would be implemented and whether it would be a formal type of crossing.

 

The Applicant’s agent reassured the Committee with the proposed installation of dropped curb areas and tactile paving around the Uffington and Priory Road area, which had been in consultation with Highways.

 

The Principal Planning Officer highlighted that the crossing would not be controlled in terms of being a zebra or pelican crossing. Highways had advised that the road did not meet their adopted design standards in terms of providing a controlled crossing due to the geometry of the road and positioning. Additional signage in the area had been discussed with Highways, who were happy to pursue signage to provide motorists with warnings that a higher number of elderly people may be crossing in that area.

 

·       Stamford Town Council had objected against the application. It was queried as to whether the Applicant had re-consulted with Stamford Town Council following the proposal to include crossing measures. It was confirmed that Stamford Town Council were still objecting to the proposal.

·       Concern was raised around the overall layout of the proposal and the accessibility to recreational activities for the elderly residents.

 

The Applicant’s agent outlined that the southern elevation in the garden would include areas for seating. A communal lounge with a connecting roof terrace would be situated on the top floor of the building. There was also a public right of way network adjacent to the building which would be made more accessible.

 

·       Whether Highways had provided information around safety data regarding speed limits and the nearby roundabout.

 

Highways had further reiterated that there were no concerns of safety in relation to the results of the accident data. The signage would provide increased awareness of the possibility of an elderly individual crossing the road.

 

·       Clarification was sought on whether the minimum age to be eligible for an apartment on the proposed site was 60 years of age, it was noted that individuals may still be active at this age.

·       It was queried as to whether the Applicant’s agent would be willing to contribute to Highways should signs be put up as a result of an informative for elderly people to cross the road.

 

The Applicant’s agent had confirmed the scheme had been through a viability review, and viability contributions that had been deemed affordable from the scheme. The Applicant’s agent could not commit to any decision on behalf of the Applicant.

 

·       Concern was raised in relation to car parking and the possibility of a high number of carers attending the apartments at busy times of day. It was queried as to whether this had been considered by the Applicant.

 

It was highlighted that the scheme did not support extra care provisions and merely encouraged independent living. There was no requirement for a minimum level of care. The type of living would encourage individuals to adaptable living e.g., level access and lift access.

 

The on-site parking exceeded Lincolnshire County Council’s Highways standards for the type of scheme proposed and the Applicant’s independent research.

 

The Principal Planning Officer confirmed a Transport Assessment had been completed which investigated vehicles generated by the scheme into a database that modelled those vehicles in timings of movement and the capacity of road network. Highways were satisfied that the findings of the Transport Assessment were robust in terms of resident, staff and visitors needs.

 

·       A query was raised on whether there would be access at the back of the site that would lead down to the river.

 

It was confirmed that the public right of way route would be unaffected by the scheme so would still be available to access along the western boundary of the site.

 

·       Concern was raised around comments made by the Council’s urban designer. It was queried as to whether the small balconies would still be included on one of the elevations if the Committee were minded to approve the application.

 

The Applicant’s agent highlighted that each apartment would have a surround feature for greater enclosure. Residents would also have access to communal outdoor spaces.

 

It was confirmed by the Principal Planning Officer that the written comments provided by the Urban Design Officer were on a previous iteration of the scheme. Since the stone surround had been added into the scheme, the Urban Design Officer had verbally confirmed they were comfortable with the scheme presented to the Committee.

 

During questions to Officers and debate, Members commented on:

 

·       Whether Highways had calculated and accounted for the age of the residents that would be crossing the road.

 

The Principal Planning Officer confirmed that condition 24 restricted occupants of the apartments at aged 60 and above.

 

·       What sanctions would be in place if Highways or the Applicant denied the informative of the installation of signage.

 

It was noted that Highways were satisfied with the scheme at present and would not be an unacceptable impact. An informative could be included to pursue the route of signage if Highways were willing to follow the informative.

 

One Member suggested that the division Lincolnshire County Councillor requested a Traffic Regulation Order to investigate the speed of traffic entering the roundabout near the site and safe public footpath access between the site and the river.

 

Members discussed their concern over the protection of members of the public from the public footpath that ran alongside a drop into the nearby quarry.

 

It was requested that a stoned wall on the adjacent side of the development to protect members of public from the drop into the quarry should be conditioned.

 

The Principal Planning Officer outlined that condition 10 required submission of revised details for boundary treatments. The current proposals by the Applicant were for a series of metal rail fence around all boundaries of the site

 

One Member raised concern around the screening of the application and the loss of trees.

 

It was confirmed that condition 9 included the retention of existing boundary trees and native tree species to be planted as replacement planting.

 

Further concern was raised on the notion of care workers. It was queried as to whether the Lincolnshire County Council traffic survey included the provision of care workers possibly attending the apartments.

 

The traffic survey was a national modelling database that was used. There were various inputs into the model dependent on the nature of the scheme, area and type of accommodation. 

 

It was proposed, seconded and AGREED to authorise the Assistant Director of Planning to GRANT planning permission subject to conditions and completion of a Section 106 Agreement.

 

Time Limit for Commencement

 

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

 

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended)

 

Approved Plans

 

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

 

a.    Proposed Site Plan (Ref: MI-2771-02-AC-001- Rev A)

b.    Proposed Elevations Plan 1 (Ref: MI-2771-02-AC-020-RevA)

c.     Proposed Elevations Plan 2(Ref: MI-2771-02-AC-021

d.    Proposed Ground Floor Plan (Ref: MI-2771-02-AC-023)

e.    Proposed First Floor Plan(Ref: MI-2771-02-AC-024)

f.      Proposed Second Floor Plan (Ref: MI-2771-02-AC-025)

g.    Proposed Third Floor Plan (Ref: MI-2771-02-AC-026-RevA)

h.    Proposed Roof Plan (Ref: MI-2771-02-AC-027)

i.      Proposed Tree Protection Plan (Ref: 1651-KC-XX-YTREE-TPP01-RevB)

j.      Proposed Levels Strategy (Ref: MI-2771-03-DE-001-RevA)

 

Unless otherwise required by another condition of this permission.

 

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

 

Before the Development is Commenced

 

Archaeological Investigations

 

3)    Before the development hereby permitted is commenced, a written scheme of archaeological investigation shall have been submitted to and approved in writing by the Local Planning Authority. The programme shall also provide for archaeological supervision and control during any groundworks associated with the development in the Root Protection Areas.

 

The archaeological investigations shall also have been completed in accordance with the approved details before the development commences.

 

Reason: In order to provide a reasonable opportunity to record the history of the site and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

 

Demolition and Construction Management Plan

 

4)    No development shall take place, including demolition of buildings hereby approved, until a Demolition Method Statement and Construction Management Plan and Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Plan and Statement shall include measures to mitigate the adverse impacts of vehicle activity and the means to manage drainage of the site during the construction stage of the permitted development. It shall include:

 

a.    The phasing of the development to include access construction

b.    The on-site parking of all vehicles of site operatives and visitors

c.     The on-site loading and unloading of all plant and materials

d.    The on-site storage of all plant and materials used in constructing the development

e.    Wheel washing facilities;

f.      A strategy stating how surface water runoff 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 (temporary or permanent) connect to an outfall (temporary or permanent) during construction.

g.    Method statement for how demolition and removal works of the existing buildings will be undertaken.

 

The Demolition Method Statement shall be strictly adhered to throughout the demolition period.

 

The Construction Management Plan and Method Statement shall be strictly adhered to throughout the construction period.

 

Reason: In the interests of the safety and free passage of those using the adjacent public highway and to ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, the permitted development during construction.

 

Ground Investigations

 

5)    No works pursuant to this permission shall commence, unless otherwise agreed in writing by the Local Planning Authority, until there have been submitted to and approved in writing:

 

a.    A desk top study documenting all the previous and existing land uses of the site and adjacent land (Phase 1);

 

Should the Phase I Study identify potentially contaminative uses, the Applicant shall proceed to a Phase 2 site investigation detailed below:

 

b.    A site investigation report assessing the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk top study; and if required

c.     A detailed scheme for remedial works (should such works be required) and measures to be undertaken to avoid risk from contaminants and / or gases when  the site is developed and proposals for future maintenance and monitoring. Such a scheme shall include nomination of a competent person to oversee the implementation of the works.

 

Reason: Previous activities associated with this site may have caused, or had the potential to cause, land contamination and to ensure that the proposed site investigations and remediation will not cause pollution in the interests of the amenities of future residents and users of the development; and in accordance with Local Plan Policy EN4 (Pollution Control) and national guidance contained in the NPPF.

 

Surface and Foul Water Drainage Details

 

6)    Before the development hereby permitted is commenced, a scheme for the treatment of surface and foul water drainage shall have been submitted to and approved in writing by the Local Planning Authority. The drainage details must:

 

a.    Be based on an assessment of the hydrological and hydrogeological context of the development

b.    Provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the runoff rate for the undeveloped site.

c.     Provide attenuation details and discharge rates which shall be restricted to the brownfield runoff rate

d.    Provide details of the timetable for and any phasing of the implementation for the drainage scheme; and

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

 

Reason: To ensure that the permitted development is adequately drained without creating or increasing the flood risk to land or property, adjacent to or downstream of, or upstream of, the permitted development and in accordance with Policy EN5 of the South Kesteven Local Plan.

 

During Building Works

 

Materials Details

 

7)    Before any works on the external elevations of the development hereby permitted are begun, details of the materials (including the colour of render, paintwork or colourwash) and elevational detailing to be used in the construction of the external surfaces of the development hereby permitted shall have been submitted to and approved in writing by the Local Planning Authority. Materials shall be in broad accordance with the details shown on the Proposed Elevations Plans (Ref: MI-2771-02-AC-020-RevA and MI-2771-02-AC-021).

 

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

 

Ecological Mitigation

 

8)    All works on site, during demolition and construction, shall be carried out in accordance with the recommendations set out in the Preliminary Ecological Appraisal and Biodiversity Net Gain Assessment (Inspired Ecology Limited) (dated March 2022).

 

The scheme of bird and bat boxes to be installed on site shall have been completed prior to the first occupation of the development hereby permitted, and shall be retained throughout the lifetime of the development.

 

Reason: In the interests of best ecological practice and in accordance with Policy EN2 of the adopted South Kesteven Local Plan.

 

Soft Landscaping Details – Revised Plans

 

9)    Notwithstanding the submitted plans, no development above foundation level shall take place until there have been submitted to and approved in writing, details of a revised soft landscaping scheme to include the retention of the existing boundary trees (where possible) and additional planting of native tree species. The submitted scheme shall include:

 

a.    Planting plans

b.    Written specifications (including cultivation and other operations associated with plant and grass establishment)

c.     Scheduled of plants, noting species, plant sizes and proposed numbers / densities where appropriate

 

Reason: Soft landscaping makes an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1 of the adopted Local Plan.

 

Boundary Treatment Details – Revised Details

 

10) Notwithstanding the submitted plans, no development above foundation level shall take place until there have been submitted to and approved in writing by the Local Planning Authority, a plan indicating the positions, design, materials and type of boundary treatment or other means.

 

Reason: To ensure a satisfactory appearance to the development, and in the interests of residential amenity of future occupants, and in accordance with Policy DE1 of the adopted Local Plan.

 

Tree Protection Measures

 

11) No works pursuant to this permission shall commence until the Tree Protection Measures indicated on the Tree Protection Plan (Ref: 1651-KC0ZZ0YTREE-TPP01RevB) have been implemented in full. Thereafter, the development must be carried out in accordance with the approved details.

 

Reason: Trees make an important contribution to the character and quality of urban environments and can also help to mitigate and adapt to climate change, in accordance with Policy EN2 of the adopted South Kesteven Local Plan.

 

Previously Unidentified Contamination

 

12) If, during the development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing by the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority.

Thereafter, the remediation strategy shall be implemented as approved.

 

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 from previously unidentified contamination sources at the development site.

 

Before the Development is Occupied

 

Materials Implementation

 

13) Before the development hereby permitted is first occupied / brought into use, the external elevations must have been completed in accordance with the approved external materials details.

 

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

 

Contamination Verification

 

14) The development hereby permitted shall not be occupied or brought into use until a verification report has been submitted to and approved in writing by the Local Planning Authority. The report shall have been submitted by the agreed competent person and identify that the approved remedial works have been implemented. The report shall include, unless otherwise agreed in writing:

 

a.    A complete record of remediation activities, and data collected, as identified in the remediation scheme to support compliance with the agreed remediation objectives

b.    As built drawings of the implemented scheme

c.     Photographs of the remediation works in progress; and

d.    Certificates demonstrating that imported and / or material left in situ is free from contamination.

 

Thereafter, the scheme shall be monitored and maintained in accordance with the approved remediation scheme.

 

Reason: Previous activities associated with this site may have caused, or had the potential to cause, land contamination and to ensure that the proposed site investigations and remediation will not cause pollution in the interests of the amenities of future residents and users of the development; and in accordance with Policy EN4 of the adopted South Kesteven Local Plan and national guidance contained in the National Planning Policy Framework.

 

Drainage Implementation

 

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

 

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

 

Sustainable Building Measures

 

16) Before any part of the development hereby permitted is occupied / brought into use, the sustainable building measures detailed in the approved Energy Statement (Focus Consultants) (Revision B) shall have been implemented in full.

 

Reason: To ensure the development mitigates against and adapts to climate change, in accordance with Local Plan Policy SB1 and SD1.

 

Hard Landscaping Implementation

 

17) Before any part of the development hereby permitted is occupied, all hard landscaping works shall have been carried out in accordance with the approved details.

 

Reason: Hard landscaping makes an important contribution to development and its assimilation with its surroundings and in accordance with Policy DE1 and EN1 of the adopted Local Plan.

 

Boundary Treatments Implementation

 

18) Before any part of the development hereby permitted is occupied, the boundary treatments as approved under Condition 10 shall have been completed in accordance with the approved details.

 

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

 

Noise Mitigation

 

19) Before any part of the development hereby permitted is occupied, the scheme for acoustic mitigation and ventilation, as detailed in Section 5 and Section 6 of the approved Noise Impact Assessment (24 Acoustics) (Ref: P9421-1 Rev 1) shall have been completed in full.

 

Reason: To ensure that future residents of the development benefit from an appropriate level of amenity in accordance with Policy DE1 and EN4 of the adopted South Kesteven Local Plan.

 

Off-Site Highways Works

 

20) No part of the development hereby permitted, shall be occupied before the works to improve the public highway, in accordance with Drawing No. 508.0032.004 Rev A (dated September 2021) have been certified complete by the Local Planning Authority.

 

Reason: To ensure the provision of safe and adequate means of access to the permitted development.

 

Public Right of Way Improvements

 

21) No part of the development hereby permitted shall be occupied before the works to upgrade the Public Right of Way (Stam/1163/1) with a surfaced of crushed stone have been completed in accordance with details, which shall have first been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the provision of safe and adequate means of access to the permitted development.

 

Ongoing

 

Landscaping Implementation

 

22) Before the end of the first planting / seeding season following the first occupation of the development hereby permitted, all soft landscaping works shall have been carried out in accordance with the approved soft landscaping details

 

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

 

Landscaping Protection

 

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

 

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved designs and in accordance with Policy DE1 and EN2 of the adopted South Kesteven Local Plan.

 

Occupation Restriction

 

24) The development hereby permitted shall be used for the purposes of retirement accommodation only. Occupiers shall be:

 

a.    Persons of 60 or over

b.    Other persons who are living as part of a single household with a person or persons aged 60 or over

c.     Persons who were living as part of a single household with a person or persons aged 60 or over who have since died.

 

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