Agenda item

Proposal: Section 73 application to vary condition 2 (approved plans) of permission S16/0112. Amendment to the access, associated layout changes, house type updates and changes to affordable plot numbers of Phase A only.

Location: Land north of Towngate East and south of Northfield Road, Market Deeping

Recommendation: To authorise the Assistant Director for Planning to GRANT planning permission subject to the completion of a Deed of Variation to the Section 106 Agreement related to S16/0112 and subject to conditions outlined in this report.

Proposal: Section 73 application to vary condition 2 (approved plans) of permission S16/0112. Amendment to the access, associated layout changes, house type updates and changes to affordable plot numbers of Phase A only.

Location: Land north of Towngate East and south of Northfield Road, Market Deeping

Recommendation: To authorise the Assistant Director for Planning to GRANT planning permission subject to the completion of a Deed of Variation to the Section 106 Agreement related to S16/0112 and subject to conditions outlined in this report.

 

Noting comments in the public speaking session by:

 

Applicant                                         Georgina McRae

 

Together with:

 

·       Provisions within SKDC Local Plan 2011-2036, Deepings Neighbourhood Plan (June 2021) and National Planning Policy Framework.

·       No comments received from Market Deeping Town Council.

·       Comments received from Heritage Lincolnshire.

·       Comments received from LCC Highways & SuDS.

·       Comments received from Welland & Deepings IDB.

·       No comments received from Environment Agency.

·       Comments received from Lincolnshire Fire & Rescue.

·       Comments received from Anglian Water.

 

During questions to Public Speakers, Members commented on:

 

·       Clarification was sought that the original application was through Larkfleet Homes, however, the development was now owned by Alison Homes.

 

The Applicant confirmed that the development was now owned by Alison Homes.

 

·       Whether more trees had been planted as previously requested.

 

The site now complied with all landscaping details, in accordance with those approved plans. The Council’s Enforcement Officer had visited the site and were satisfied with the landscaping that had been completed.

 

During questions to Officers and debate, Members commented on:

 

·       Whether the comments made by Lincolnshire Fire and Rescue on fire hydrants had been resolved.

 

The Planning Officer confirmed there were no conditions on requiring the provision of fire hydrants, however, this was a matter for the legal agreement, which would be linked to any permission granted through this application.

 

It was proposed, seconded and AGREED to authorise the Assistant Director for Planning to GRANT planning permission subject to the completion of a Deed of Variation to the Section 106 Agreement related to S16/0112 and subject to conditions outlined in this report:

 

Approved Plans

 

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

 

-       Location Plan L189-Location-2 (received 21 September 2020)

-       Site Layout Plan L-Site-A Rev C for phase A only (received 21 September 2020)

-       Site Layout Plan L55 - SITE- AREAD REV K for phase D only (received 05/06/2020)

-       Site Layout Plan for phases B and C drawing nos. 117-004 Rev J (received 18 January 2016)

-       Phase A House Types drawing nos. L189 2318 DS, L189 2328 DS, L189 2404 DS, L189 2421 DS, L189 2422 DS, L189 2431 DS, L189 2513 DS, L189 2224 DS, L189 2324 DS, L189 2404 DS, L189 2409 DS, L189 2433 DS, L189 2434 DS, L189 2309 DS, L189 2310 DS, L189 2307 DS (received 21 September 2020)

-       Phase B, C, D House Types and garage plans drawing nos. 2110/L138/DS; 2318/DS; 2326/L00/DS/02; 2401/L00/DS; 2409; 2410/L00/DS; 2421; 2422; 2423; 2427/L00/DS; 2428/L00/DS; 2508/L00/DS/AS; L00/2224/DS; L00/2225/DS; L00/2306/DS; L00/2308/DS; L00/2323/DS; L00/2324/DS; L00/GAR/02, L00/GAR/03 (received 18 January 2016)

-       Phasing Plan (in relation to defining phases only) drawing no. PP/01 (received 18 January 2016)

-       Public Open Space Plan (in relation to defining areas of POS) drawing no. POS/01 (received 18 January 2016)

 

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

 

2)    No development in phases B and C shall take place until a Construction Management Plan, has been submitted to and approved in writing by the Local Planning Authority. The plan shall include the following:

 

a)    The management of traffic and routing during construction: to address site access, routes within the site kept free from obstruction, wheel washing, travel plan for construction workers, loading and unloading, vehicle parking and turning areas;

b)    Location of access points for site traffic;

c)    Construction plant directional signage

d)    Details of any temporary lighting

e)    Location type and size of compounds and temporary buildings

f)      Measures for the control of noise from the site during construction

g)    Measures for the control of dust during construction

 

The approved scheme for each phase shall be adhered to throughout the construction period including details for phase D approved by S18/1958 and details for phase A approved by S21/1686.

 

Reason: To ensure neighbours’ amenities are adequately protected during construction.

 

3)    No development in phases B and C shall take place until a detailed surface water drainage scheme for the site, based on sustainable urban drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority.

 

The scheme shall:

 

a)    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 run-off rate for the undeveloped site;

b)    Provide attenuation details and discharge rates which shall be restricted to 1.4 litres per second per hectare;

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.

 

Reason: To reduce the risk of flooding and to comply with Policy EN5 of the adopted South Kesteven Local Plan.

 

4)    No development in phases B and C shall take place until a foul water strategy has been submitted to and approved in writing by the local planning authority.

 

Reason: To prevent adverse impact on the environment and amenity through flooding and to comply with Policy EN5 of the adopted South Kesteven Local Plan.

 

 

5)    No development on phases B and C shall take place until a written scheme of archaeological investigation relating to that phase has been submitted to and approved in writing by the Local Planning Authority.

 

The archaeological investigations for each phase shall have been completed in accordance with the approved details before development in each phase 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.

 

6)    No development in phases B and C shall take place until all existing trees shown on the approved plan to be retained shall have been fenced off to the limit of their branch spread in accordance with BS 5837. No construction works including:

 

i)      removal of earth,

ii)     storage of materials,

iii)    vehicular movements or

iv)   siting of temporary buildings

 

shall be permitted within these protected areas.

 

Reason: To prevent unnecessary damage to existing trees and in accordance with Policy EN2 of the adopted South Kesteven Local Plan.

 

During Building Works

 

7)    No construction works relating to the proposed streets in phases B and C shall be commenced until full engineering, drainage, street lighting and constructional details of all the streets and paths proposed for adoption as well as the areas that are to remain as private carriageways have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interest of highway safety; to ensure a satisfactory appearance to the highways infrastructure serving the development; to ensure that the highways are constructed to an adequate standard and to safeguard the visual amenities of the locality and users of the highway in accordance with Policy ID2 of the adopted South Kesteven Local Plan.

 

8)    The adoptable and non-adoptable highways in each phase shall be constructed in accordance with the approved details, and the carriageway and footway surface courses for phases B and C shall be completed within three months from the date upon which the erection is commenced of the penultimate dwelling, unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To ensure safe access to the site and each dwelling/building in the interests of residential amenity, convenience and safety.

 

9)    The development shall be carried out in accordance with the recommendations and mitigation measures given in the submitted Ecological Appraisal dated September 2015.

 

Reason: To protect and enhance the wildlife and biodiversity of the area and in accordance with Policy EN2 of the adopted South Kesteven Local Plan.

 

10) Notwithstanding the submitted plans, before any of the soft landscaping works are commenced in phases B and C, full details of soft landscaping works within that phase shall be 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;

iv. phasing of implementation

Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Local Plan Policy DE1.

 

11) Notwithstanding the submitted plans, before any of the hard landscaping works are commenced in phases B and C, full details of hard landscaping works shall be submitted to and approved in writing by the Local Planning Authority. Details shall include:

 

i)      proposed finished levels and contours;

ii)     means of enclosure;

iii)    car parking layouts;

iv)   other vehicle and pedestrian access and circulation areas;

v)     hard surfacing materials;

vi)   minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.);

vii)  proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.);

viii) retained historic landscape features and proposals for restoration, where relevant.

 

Reason: Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

12) Before any of the works on the external elevations for the building(s) hereby permitted are begun in phases B and C, samples of the materials (including colour of any render, paintwork or colourwash) to be used in the construction of the external surfaces shall have been submitted to and approved in writing by the Local Planning Authority.

 

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

 

Before the Development is Occupied

 

13) Before each dwelling is occupied, the external surfaces of that dwelling shall have been completed in accordance with the approved details.

 

The external surfaces for the dwellings in phase D should be completed in accordance with the details approved by S18/1958 for phase A the details approved by S20/1737 unless any further details are subsequently submitted and approved by the Local Planning Authority.

 

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

 

14) The development shall be carried out in accordance with the surface water drainage scheme (including details for phase D approved by S18/1799 and details for phase A approved by S20/1737) and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.

 

Reason: To reduce the risk of flooding and to comply with Policy EN5 of the adopted South Kesteven Local Plan.

 

15) Before any of the dwellings within each phase hereby permitted are occupied, the works to provide the boundary treatments (including details for phase D approved by S18/1958 and details for phase A approved by S20/1737) on that part of the development shall have been completed in accordance with the approved boundary treatment scheme.

 

Reason: To provide a satisfactory appearance to any boundary treatments and by screening rear gardens from public view, in the interests of the privacy and amenity of the occupants of the proposed dwellings and in accordance with Policy DE1 of the South Kesteven Local Plan.

 

16) Before the end of the first planting/seeding season following the occupation of the final dwelling within each phase of the development hereby permitted, (including details for phase D approved by S18/1799 and details for phase A approved by S19/1364) shall be carried out in accordance with the approved soft landscaping details.

 

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

 

17) All hard landscaping works within each phase must be carried out in accordance with the approved hard landscaping details and in accordance with a timetable for implementation which must be first submitted and approved in writing by the Local Planning Authority.

 

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

 

18) No dwellings within each phase shall be occupied until the foul water works (including details for phase D approved by S20/1114 and details for phase A approved by S20/1737) relating to that phase has been carried out in accordance with the approved strategy unless otherwise agreed in writing with the local planning authority.

 

Reason: To prevent adverse impact on the environment and amenity through flooding and to comply with Policy EN5 of the adopted South Kesteven Local Plan.

 

19) The development shall be carried out in accordance with the approved surface water drainage scheme (including details for phase D approved by S18/1799 and details for phase A approved by S20/1737) and no dwelling shall be occupied until the approved scheme has been completed or provided on the site in accordance with the approved phasing. The approved scheme shall be retained and maintained in full in accordance with the approved details.

 

Reason: To reduce the risk of flooding and to comply with Policy EN5 of the adopted South Kesteven Local Plan.

 

20) Before completion of the first dwelling within phases B and C, details of the size, appearance and location of all roof mounted photovoltaic solar panels within that phase shall have been submitted to and approved in writing by the Local Planning Authority.

 

The development of those phases must be carried out in accordance with the approved details.

 

Reason: To provide a satisfactory appearance to the development in accordance with Policies DE1 and SB1 of the adopted South Kesteven Local Plan.

 

Ongoing Conditions

 

21) 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, 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 in condition above unless otherwise agreed by the Local Planning Authority.

 

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs and to comply with Policies EN1 and DE1 of the adopted South Kesteven Local Plan.

 

22) Those parts of the approved Travel Plan (ref: 21484/10-15/4057) that are identified therein as being capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.

 

Reason: In order that the local planning authority conforms to the requirements of the National Planning Policy Framework, a Travel Plan has been conditioned to ensure that access to the site is sustainable and reduces dependency on the car.

 

(Councillor Vanessa Smith left the meeting at 16:10).