Agenda item

Proposal: Erection of 1(no) 3-bed dwelling with ancillary outbuilding / garage and installation of ground mounted solar array

Location: Land north of St. Mary Magdalene’s Church, Lower Bitchfield

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

Proposal: Erection of 1(no) 3-bed dwelling with ancillary outbuilding / garage and installation of ground mounted solar array

Location: Land north of St. Mary Magdalene’s Church, Lower Bitchfield

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

 

Noting comments in the public speaking session by:

 

Applicant:                  Martin Hewitt

 

Together with:

 

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

·       Comments received from Heritage Lincolnshire.

·       No comments raised by from Historic England.

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

·       Comments received from SKDC Conservation Consultee.

·       Comments received from SKDC Environmental Protection.

·       Comments received from SKDC Principal Urban Design Officer.

 

(It was proposed, seconded and AGREED to extend the meeting)

 

During questions to Public Speakers, Members commented on:

 

·       Whether road flooding of the road affected the access to the site.

 

The Applicant clarified that the bridge within Lower Bitchfield caused surface water flooding, however, this did not affect the proposed site.

 

·       Whether the Applicant would consider a landscaping plan.

 

The Applicant confirmed that the landscaping of the site would be kept as natural as possible. It was clarified that there was hedging on the eastern boundary of the side and that the proposed property would not be prominent from houses in Lower Bitchfield.

 

During questions to Officers and debate, Members commented on:

 

·       It was queried as to why the design was considered as such an outstanding quality and why that should overcome all of the other policy conflicts.

 

The DM Manager clarified that extensive discussions had taken place both pre-application stage and through the application between the Case Officer and the Council’s Urban Design Officer. As a planning judgement, the final design that had been submitted was considered to meet the provisions of the NPPF in terms of outstanding design. The Committee were reminded to weigh up the benefits and harm of the application, as the final decision makers.

 

·       Whether the proposal was a replacement dwelling or not.

 

The site was considered as undeveloped in terms of planning policy and in spatial terms within the open countryside because it was outside of any of the defined settlements within the Council’s Local Plan. 

 

·       Whether the proposal complied with any planning policies.

 

The DM Manager confirmed that the proposal was being considered as a whole in terms of development plan policies and any relevant national planning policies as material considerations.

 

·       The public benefits associated with the proposal were discussed.

 

The public benefit associated with a single dwelling would be a small contribution towards the local economy during construction. The report recommended that significant weight be given to high design standard and the ability to raise design standards within the area, as set out by the NPPF.

 

The Assistant Director of Planning clarified that the application was required to be considered on balance in accordance with the development plan and any material considerations.

 

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning to GRANT planning permission, subject to 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.

 

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 listed of approved plans:

a.    Site Plan (Ref: ACR-01-00-DR-A-11/P01.4)

b.    Proposed Site Plan – Site Levels (Ref: ACR-00-XX-DR-A-69/P01)

c.     Proposed Upper Ground Floor Plan (Ref: ACR-XX-01-DR-A-71/P01.2)

d.    Proposed Lower Ground Floor and Entrance Plan (Ref: ACR-XX-ZZ-DR-A-70/PL01.2)

e.    Landscape Strategy Plan (Ref: 1196L.LSP.001)

f.      Z Cladding Specification Details (Received 03 July 2023)

g.    Amended Plans Narrative (received 24 August 2023)

 

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

Written Scheme of Investigation

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.

 

Thereafter, the archaeological investigations shall be completed in accordance with the approved details.

 

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

Ground Investigation

4)    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 of the previous and existing land uses of the site and adjacent land (Phase 1);

 

Should the Phase 1 study identify potentially contaminative uses, the Applicant shall proceed to a Phase 2 site investigation as 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 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 Policy EN4 (Pollution Control) of the adopted South Kesteven Local Plan and guidance contained in the National Planning Policy Framework.

During Building Works

Construction Hours

5)    Construction work on site shall only be carried out between the hours of 0730 and 1800 Monday to Friday, and 0900 to 1300 on Saturdays. Construction work shall not be carried out on Sundays or Public Holidays, unless otherwise agreed in writing by the Local Planning Authority.

 

The term “construction work” shall include all mobile and fixed plant and machinery, radios and the delivery of materials.

 

Reason: To minimise noise impacts on the amenity of the nearby residential properties.

Ecological Mitigation – Implementation of Recommendations

6)    All works on site, including construction works, shall be carried out in accordance with the recommendations contained within the Preliminary Ecological Appraisal (EMEC Ecology) (July 2022), including the installation of bat roosting and bird nesting boxes.

 

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

 

Reason: In the interests of best ecological practice and in accordance with Policy EN2 (Protecting Biodiversity and Geodiversity) of the adopted South Kesteven Local Plan 2011-2036.

Hard Landscaping Details

7)    No development above damp-proof course shall take place until details of all hard landscaping works shall have been submitted to and approved in writing by the Local Planning Authority. Details shall include:

a.    Vehicles and pedestrian access and circulation areas; and

b.    Hard surfacing materials

 

Reason: Hard landscaping makes an important contribution to the development and its assimilation with its surroundings, and in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

Before the Development is Occupied

Materials Implementation

8)    Before the dwelling hereby permitted is first occupied, all external materials must have been completed in accordance with the approved external materials, as shown on the approved Proposed Elevation Plan (Ref: ACR-XX-XX-DR-A-72/P01.1) (received 24 August 2023) and detailed in the Amended Plans Narrative (received 24 August 2023).

 

Reason: To ensure a satisfactory appearance to the development in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan, and to ensure the development achieves the high standards of design required by Paragraph 134 of the National Planning Policy Framework.

Sustainable Building – Implementation

9)    Before any part of the development hereby permitted is occupied, the sustainable building measures detailed in the approved Sustainable Building Statement (Mike Sibthorp Planning) (May 2023) and Sustainability Statement (Acres Architects) (December 2022) shall have been implemented in full.

 

Reason: To ensure that the development mitigates against and adapts to climate change, in accordance with Policy SB1 (Sustainable Building) and SD1 (Principles of Sustainable Development in South Kesteven) of the adopted South Kesteven Local Plan.

Boundary Treatments Implementation

10) Before any part of the development hereby permitted is occupied, all boundary treatments as detailed on the approved Landscape Strategy Note (ES Landscape Planning) (May 2023), Landscape Strategy Plan (Ref: 1196L.LSP.001) and Amended Plans Narrative (received 24 August 2023) shall have been completed in accordance with the approved details.

 

Reason: To provide a satisfactory appearance to any boundary treatments, and in the interests of the privacy and amenity of the occupants of the proposed dwelling, and in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

Site Levels – Implementation

11) Before any part of the development hereby permitted is occupied, the development shall be carried out in accordance with the approved site levels as detailed on the approved Proposed Site Plan – Site Levels (Ref: ACR-00-XX-DR-A-69/P01) and Proposed Elevation Plan (Ref: ACR-XX-XX-DR-A-72/P01.1) (received 24 August 2023).

 

Reason: In the interests of the visual amenity of the area and neighbouring properties, and in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

Access Implementation

12) Before any part of the development hereby permitted is occupied, the access into the site shall have been completed in accordance with the approved details shown on the Proposed Site Plan (Ref: ACR-01-00-DR-A-11/P01.4), and shall thereafter be retained for such use at all times.

 

Reason: In the interests of highways safety.

Contamination Verification

13) 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 completed. 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 future residents and users of the development, and in accordance with Policy EN4 (Pollution Control) of the adopted South Kesteven Local Plan and national guidance contained in the National Planning Policy Framework.

Ongoing Conditions

Soft Landscaping Implementation

14) 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 Landscape Strategy Note (ES Landscape Planning) (May 2023),

Landscape Strategy Plan (Ref: 1196L.LSP.001) and Amended Plans Narrative (received 24 August 2023).

Reason: Soft landscaping makes an important contribution to the development and its assimilation with its surroundings, and in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

Soft Landscaping Protection

15) Within a period of five years from first occupation 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 plating season following any such loss with a specimen of the same size and species, unless otherwise agreed in writing 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 (Promoting Good Quality Design) and Policy EN2 (Protecting Biodiversity and Geodiversity) of the adopted South Kesteven Local Plan.

PD Rights – Extensions or alterations

16) Notwithstanding the provisions of Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, or re-enacting that Order, with or without modification), no enlargement, improvement or other alteration of the approved properties, shall be carried out without planning permission first having been granted by the Local Planning Authority.

 

Reason: The Local Planning Authority considers that further development could cause harm to the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

PD Rights – Roofs

17) Notwithstanding the provisions of Schedule 2, Part 1, Class B of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, or re-enacting that Order, with or without modification), no additions to the roof of the approved property, shall be carried out without planning permission first having been granted by the Local Planning Authority.

 

Reason: The Local Planning Authority considers that additions to the roof of the approved dwellings could cause detriment to the amenities of the occupiers of the neighbouring properties, or the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

PD Rights – Outbuildings

18) Notwithstanding the provisions of Schedule 2, Part 1, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, or re-enacting that Order, with or without modification), no buildings etc. incidental to the enjoyment of the dwellinghouse, shall be constructed without planning permission first having been granted by the Local Planning Authority.

 

Reason: The Local Planning Authority considers that further development could cause harm to the character of the area, and for this reason would wish to control any future development and in accordance with Policy DE1 (Promoting Good Quality Design) of the adopted South Kesteven Local Plan.

 

(Councillor Paul Fellows left the meeting at 16:50)