Agenda item

Application S23/0055

Meeting of Planning Committee, Thursday, 5th December, 2024 1.00 pm (Item 85.)
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Proposal: Outline planning application for the erection of up to 1,350 residential units (Use Class C2 and C3); a two-form entry primary school (Use Class F1); local centre (Use Classes E, F2 and public house, wine bar or drinking establishment; drinking establishment with expanded food provision; and hot food takeaway for the sale of hot food where consumption is mostly off premises); road between Ryhall Road and Little Casterton Road; removal of existing noise bund; associated green infrastructure including provision of public open space, landscaping, formal and informal play areas; utilities (including drainage); and associated access, including potential realignment of part of Ryhall Road, ancillary works and structures (All matters reserved)

Location: Land to the north of Stamford

Recommendation: To authorise the Assistant Director – Planning and Growth to refer the application to the Secretary of State with a resolution to GRANT planning permission, subject to conditions, and the completion of a Section 106 Agreement and Joint Infrastructure Planning Agreement ; and

In the event that the Secretary of State does not call-in the application, the Assistant Director – Planning and Growth is authorised to GRANT planning permission, subject to conditions, and the completion of a Section 106 Agreement and Joint Infrastructure Planning Agreement

Minutes:

Location: Land to the north of Stamford

Noting comments in the public speaking session by:

District Ward Councillors Cllr Richard Cleaver

Cllr Harrish Bisnauthsing

Cllr Rhea Rayside

Against Laura Upson Stephen Turnbull

Andrew Gillard Carl Killgren

Tom Upson

For Victoria Lloyd (Representing Stamford Welland Academy)

Richard Baker (Representing Stamford Association Football Club)

Applicant Tim Leathes (On behalf of the Applicant)

Together with:

· SKDC Local Plan 2011-2036, Stamford Neighbourhood Plan 2016-2036, Lincolnshire Minerals and Waste Local Plan: Core Strategy and Development Management Policies DPD, Design Guidelines for Rutland and South Kesteven Supplementary Planning Document, National Planning Policy Framework (NPPF) and South Kesteven Local Plan Review 2021-2041.

· Comments received from Anglian Water,

· No comments received from Cadent Gas.

· No comments received from East Midlands Building Control.

· Comments received from Environment Agency.

· No comments received from Greater Lincolnshire Nature Partnership.

· Comments received from Heritage Lincolnshire.

· Comments received from National Highways.

· No comments received from Historic England.

· Comments received from Lincolnshire County Council (Education).

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

· Comments received from Lincolnshire County Council (Minerals).

· No comments received from Lincolnshire Fire and Rescue.

· Comments received from Lincolnshire Wildlife Trust.

· Comments received from Natural England.

· Comments received from NHS Lincolnshire Integrated Care Board.

· Comments received from Peterborough City Council.

· No comments received from Rutland County Council.

· Comments received from SKDC Climate Change Officer.

· Comments received from SKDC Conservation Officer.

· Comments received from SKDC Environmental Protection Officer.

· Comments received from SKDC Planning Policy – Affordable Housing Officer.

· No comments received from SKDC Urban Design Officer.

· Comments received from Sports England.

· No comments received from Stamford Civic Society.

· Comments received from Stamford Town Council.

· No comments received from The Gardens Trust.

· No comments received from Uffington Parish Council.

· Comments received from Cllr Bisnauthsing.

· Comments received from Stamford Target Shooting Club.

· Comments received from Stamford Tennis Club.

During questions to Public Speakers, Members commented on:

· Whether the District Ward Councillor had negotiated with Lincolnshire County Council on requesting measures to be put forward. The degree of commitment provided from LCC was queried.

LCC’s commitment was provided within the letter included within the report. The letter clearly requested the upgrading of the crossing on Sydney Farm Lane, and particularly the issues around a slow build-out, due to figures being provided for 2041. It was felt that LCC were unable to predict where any specific measures needed to be taken to mitigate the effect of the extra traffic, which would be a considerable amount without knowing measures National Highways would make on their junction. It was suggested that Rutland County Council, Lincolnshire County Council and National Highways work holistically on this application.

· Clarification was sought around issues with connections on the A1.

It was noted that Ryhall Road, Casterton Road, including the Quarry Farm proposal had no connections to the A1 and alternative routes through Arran Road and access to the A606 junctions would be used in order to reach the A1. Concern was made of congestion within the town during peak morning/evening times of people travelling to and from work.

· It was queried whether the bund had originally been put there as a condition on a previous development.

A District Ward Councillor noted the bund had been put there as a condition when the Borderville sports fields were proposed. The bund had previously been removed from Kettering Road to the north side of the town. The bund was there to mitigate noise and shield light pollution that emanated from the sports complex.

· Lincolnshire County Council Highways had requested contributions to improvement works on certain roads. Objectors agreed with contributions being requested by LCC. It was noted that construction traffic of the development would generate a high level of traffic along a road to the Malcolm Sargent Primary School.

· It was queried how far children who attended Stamford Welland Academy were having to travel once they were over 16, as the academy did not currently have a sixth form.

A representative of Stamford Welland Academy confirmed that a significant number of students who had left the school at the age of16, then attended Stamford College, however, for those students who wanted a more academic option, would have to travel to Harrington in Oakham, Bourne Grammar and Bourne Academy.

At the academy, 50% of pupils received pupil premium due to being at a disadvantage, these children could not afford a bus pass for the year at £950 to travel to Harrington, Oakham. This development could assist in providing the provision of sixth form at Stamford Welland Academy.

· The sport opportunities available at Stamford Welland Academy were queried.

The Academy did not specialise in one specific sport. They were currently liaising with the Football Foundation on a 3G astroturf pitch. A significant contribution was required; however, the Football Foundation would supply ¾ of the £1m required. The development would assist the school in providing ¼ of the £1m.

· Whether the School had physical grounds for growth or whether they would need to relocate.

Stamford Welland Academy had a substantial site for further growth and preliminary work had started with the education authority.

· Whether the representative from Stamford Association Football Club was concerned about the proposed positioning of the link road.

Stamford Association Football Club were only concerned with the transformation of the sporting facilities on the site as they did not have a professional qualified view of the position of the link road.

· Clarification was sought from the Applicant as to why they wished to remove the bund for the road rather than the road being proposed to the north side of the site.

The Applicant confirmed the theory on the removal of the bund was to implement a Valley Park for new residents to access green space and for existing residents to walk/cycle uninterrupted between the existing site and to access amenities. In addition, the Valley Park would act as a nature corridor alongside working with the landscape and the natural drainage of the valley.

The relocation of grass pitches at Borderville Sports Complex would effectively allow the new Valley Park link to the existing park.

The best place for the link road to be built was where the bund was for the Valley Park to be implemented and act as a nature corridor. The proposed link road would be the shortest and most direct route of people using the road across the Town. The location of the link road would also minimise residential frontages which would back onto the road.

Studies had been conducted on the impact of light and noise which outlined rows of housing in the location would perform the same mitigation as the bund itself from an acoustic and lighting perspective.

A condition had been included whereby a new acoustic and lighting assessments would be required when a full planning permission was submitted, this would ensure there was not a negative adverse impact on residents.

It was clarified the park would go at the bottom of the valley and the road was proposed to be to the south of Borderville Sports Complex. The valley ran to the north of the sports village, the road would be to the south.

· Concern was raised that the pitches would become waterlogged from the valley.

· A suggestion was made whether a new bund or any existing sound deflection for new houses could be implemented.

· It was noted this application was outline and no detail within the development had been provided. The Applicant was requested to consider comments made on the layout.

It was clarified the road would be to the north and the 2 rows of houses would be to the south of the road.

(The Committee had a 10-minute break)

During questions to Officers and debate, Members commented on:

The Principal Development Management Planner clarified the valley park would run through the land to the north of the existing sports centre, meaning removal of four training pitches which had existing drainage issues. Replacement provision for the pitches would need to be made through the application and Sports England had raised an objection due to their opinion of the provision for replacement pitches not being secured. Sport England were unwilling to rely on contributions or replacement provisions being secured through a S106 agreement, as they were not the signatories to the agreement and were not the determining authority for the replacement pitches, the Council were satisfied that options available were demonstrated to make the replacement possible subject to consultation with Sport England.

· Clarification was sought around the involvement of the Secretary of State.

Sport England were a statutory consultee on any application that affected playing pitches or may prejudice the use of playing pitches. As Sport England had an objection, the Council had the legal duty as the local planning authority to refer the application to the Secretary of State to determine a call-in for a public enquiry.

Concern of Highways

· Concern was raised on dangerous traffic build up on the A1 slip roads the from the site at present. The main concern was around the junctions coming off the A1.

All junctions onto the A1 that related to the site had been fully assessed by National Highways and the local Highways Authority. The existing situation had been taken into account whereby the existing junctions were already at capacity and an existing issue that would need to be addressed further, rather than a condition being implemented for the developers to mitigate.

The Committee were provided with a plan which highlighted all junctions included within the modelling, Junctions 3,4, 10, 12, 18 and 24 were identified as being at an over-capacity.

· That Lincolnshire County Council had requested a few contributions, which had been highlighted by public speakers.

Lincolnshire County Council Highways had requested a signalised crossing point at Syndey Farm Lane and a traffic calming measures to be included at Aaron Road and Radcliffe Road. When financial contributions were being sought, there was a duty for them to meet legal tests. The Officer’s judgement was that wording received from Lincolnshire County Council and the nature of contributions requested did not demonstrate that the contributions were necessary to mitigate the impact of the development. The wording came across that the mitigations were desirable.

The Committee could condition the contributions to be on a pro-rata basis for this development, if they were satisfied that they had sufficient evidence that contributions met the legal tests.

· Whether Lincolnshire County Council Highways had indicated any improvements irrespective of the application for the junctions that were already over capacity.

The Assistant Director of Planning & Growth drew the Committee’s attention to comments made by Highways, where they confirmed that no junctions were predicted to be severely over capacity as a result of the development.

· Concern was raised that the caveats would not be implemented. It was queried whether caveats could be secured on works being completed before certain elements of the scheme were complete.

The Applicant was being imposed by conditions or legal obligations via the joint infrastructure agreement. The conditions worded within the report would be capable of enforcement.

The Highways modelling provided looked at Stamford North and the Quarry Farm Development. A suggestion was made of a pro-rata contribution where reasonable requests of contribution made on this application would be equivalent to 2/3 of the contributions requested. The remaining part of the contributions should then come from the Quarry Farm Development however this was a decision for Rutland County Council to make.

· Whether there were any crossings were proposed for the link road.

Any crossings on the link road would be heard when details of design were be submitted.

Bund

· Whether the possibility of an updated bund could be implemented.

The Principal Development Management Planner confirmed an updated bund was possible. The application was to consider whether the bund could be removed, however, something that provided the same level of mitigation could be implemented.

The noise and lighting assessment ensured a definitive replacement mitigation would come through at a detailed design phase.

· A query was raised on the distance between the sports centre and the proposed houses.

Due to the application being an outline permission the distance could not be confirmed.

Members discussed other options of noise and light mitigations that could be used as an alternative to the bund which would be discussed at the detailed design phase. It was suggested that a hybrid approach be explored, where a part of the bund be retained alongside another form of mitigation.

The Committee discussed that their decision would need to rely on reserved matters, as this application was an outline planning permission only.

· Whether the affordable/rented homes could be conditioned as perpetuity.

The affordable housing and the tenure split had been designed to imbalance affordable housing.

Condition 20 provided an ecological assessment and biodiversity plan to be provided with each reserve matters application. Through assessments, the site could deliver a 20% net gain in habitat and hedgerow units, as part of the valley park.

· That the removal of the bund was an option, but not the only solution of mitigation.

The planning permission was for the removal of the bund, however, details of the removal would come through at the reserved matters phase. All reserve matters applications would come back to the Committee for consideration.

· Whether the comments from the NHS as a consultee were based in Cambridgeshire. It was noted that Stamford residents would visit Peterborough hospital rather than Grantham and Lincoln.

It was confirmed that there was widespread engagement with various different ICB’s. A strategic board of parties had liaised on this matter, and cross-boundary discussions had taken place.

· Whether there was a fallback position in terms of the S106 contribution to healthcare on the site.

The NHS were exploring locations of healthcare centres within Stamford, however, for this application discussions had taken place on land being made available and for the S106 contributions to be utilised.

The Committee requested the Fire and Rescue be included as an informative for the reserved matters stage.

· It was requested that the new playing pitches stay on the site of the sports centre.

· Whether any land could be set aside for the tennis club to relocate to.

It was clarified that the relevant reserve matters for the playing pitches would be assessed against the Local Plan Policy which was clear of on-site provision as a starting point.

The requirement for the 3.13 hectares of sports space for the tennis club would be required to meet the needs of the development. If on site provision could not be implemented, off site provision and financial contributions would be sought. As part of this option, contributions could be for the tennis clubs existing site to be upgraded.

· Whether any issues discussed could be a significant material planning consideration to refuse the application.

The access, impact, open space provision, noise/lighting impacts and associated with the removal of bund were all material considerations. However, all matters for this application could meet policy requirements.

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning and Growth to refer the application to the Secretary of State with a resolution to GRANT planning permission, subject to conditions, and the completion of a Section 106 Agreement and Joint Infrastructure Planning Agreement; and

In the event that the Secretary of State does not call-in the application, the Assistant Director – Planning and Growth is authorised to GRANT planning permission, subject to conditions, and the completion of a Section 106 Agreement and Joint Infrastructure Planning Agreement, which are to include:

· Pro-rata financial contributions to off-site highways works as requested by Lincolnshire County Council Highways; and

· An informative directing the Applicant to comments made by Lincolnshire Fire and Rescue, which should be taken into account as part of the reserved matters application.

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 reserved matters for the first phase, whichever is the later.

Reason: In order that the development is commenced in a timely manner, as set out in Section 92 of the Town and Country Planning Act 1990 (as amended).

Reserved Matters

2) Details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval:

i. Access

ii. Appearance

iii. Layout

iv. Landscaping

v. Scale

Approval of all reserved matters shall have been obtained from the Local Planning Authority in writing before any development is commenced in respect of that reserved matters area.

Reason: To enable the Local Planning Authority to control the development in detail and in order that the development is commenced in a timely manner, as set out in Section 92 of the Town and Country Planning Act 1990 (as amended)

Time Limit for Reserved Matters

3) Details of the reserved matters set out in Condition 2 for the 1^st phase of development shall have been submitted for approval within three years of the date of this permission.

An application for the approval of reserved matters must be made no later than 15 years from the date of this permission.

Reason: In order that the development is commenced in a timely manner, as set out in Section 92 of the Town and Country Planning Act 1990 (as amended).

Approved Plans

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

i. Site Location Plan (Ref: 5951-PL00) received 06 January 2023

Unless otherwise required by another condition of this permission.

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

Parameters Plans

5) The development hereby permitted shall be carried out in accordance with the broad principles of the following plans:

i. Parameter Plan (Ref: 5951-PL102A) received 28 May 2024

Unless otherwise required by another condition of this permission.

Reason: To define the permission and for the avoidance of doubt, and to ensure that the development operates as assessed.

Before the Development is Commenced

Phasing Plan

6) Prior to the submission of the 1st reserved matters application, a detailed phasing plan for the development, which identifies the order at which they shall be commenced, completed and made available for use, together with a programme for the provision of site wide infrastructure including active travel improvements, and open space provision, including the equipped play areas, shall be submitted to and approved in writing by the Local Planning Authority.

Thereafter, the Phasing Plan and programme shall be implemented as approved (or an alternative Phasing Plan and programme submitted to and approved in writing by the Local Planning Authority).

Reason: To ensure that the development comes forward in a timely and co-ordinated manner.

Site Levels and Groundworks Strategy

7) Prior to the determination of the 1^st reserved matters application, a Groundworks Strategy detailing the existing and proposed site levels and land profiling (areas of cut, areas of fill, mounding, shaping and contouring works), with reference to an off-site datum point, shall have been submitted to and approved in writing by the Local Planning Authority. Site Levels Plans shall then be submitted as part of each reserved matters application in broad accordance with the approved Groundworks Strategy.

Thereafter, the development shall be carried out in accordance with the approved details.

Reason: In the interests of visual and residential amenity and in accordance with Policy DE1 of the adopted South Kesteven Local Plan 2011-2036.

Open Space

Replacement Parking

8) As part of any reserved matters applications involving any of the existing 109 car park spaces at Borderville Sports Centre, a detailed parking plan(s) (which may include temporary and permanent plans) showing the location of the replacement parking, and which must ensure that the number of parking spaces is not reduced at any time, shall be submitted to and approved in writing by the Local Planning Authority.

Thereafter, the replacement parking shall be laid out in accordance with the approved details, and made available for public use, prior to the removal of any existing parking spaces; and thereafter shall be retained for use for the lifetime of the development.

Reason: To ensure that the development does not adversely affect the operations of the existing sports facilities as required by Policy OS1 (Open Space) of the adopted South Kesteven Local Plan.

Pollution Control

Construction Management Plan

9) Before the development hereby permitted is commenced on each phase, a detailed Construction and Environmental Management Plan (CEMP) for that phase shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include measures to mitigate against the adverse effects of vehicular movements, noise, dust and vibration and means to manage drainage and ecological impacts during the construction stages of the development. The submitted CEMP shall include:

i. Access construction and build routes.

ii. The hours of construction work and delivery hours.

iii. The parking of all vehicles of site operatives and visitors.

iv. The loading and unloading of all plant and materials.

v. The storage of all plant and materials used in constructing the development.

vi. Wheel washing facilities.

vii. The routing of all vehicles associated with the construction of the development, including any offsite routes for the disposal of excavated material.

viii. A strategy stating how surface water will be managed during the construction stage 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.

ix. A Dust Management Plan.

x. Ecological Management Plan, including appointment of an Ecological Clerk of Works, and the implementation of Natural England licences as required.

Any variation of the approved CEMP shall be submitted to and approved in writing by the Local Planning Authority. The approved CEMP shall be strictly adhered to throughout the construction period.

Reason: To minimise the effects of the construction stage of the development on the amenity of existing residents, and to ensure that the proposed development does not result in unacceptable adverse impacts on highways and drainage assets.

Noise Assessment

10)As part of any reserved matters applications, a detailed Noise Impact Assessment considering the impact of the development on all residential receptors, shall be submitted to and approved in writing by the Local Planning Authority. The Assessment must be carried out in accordance with the current best practice and shall be based on up-to-date modelling of all noise sources.

Where necessary, the submitted Noise Assessment shall identify a scheme of acoustic mitigation to ensure that internal and external noise levels meet the recommended professional standards.

Reason: To ensure that the proposed development does not give rise to any unacceptable impacts on residential amenity, and to ensure that the proposed development does not result in an adverse impact on the operations of the existing sports facility.

Lighting Assessment

11)As part of any reserved matters applications, a detailed Lighting Assessment and Lighting Spillage Plan of the existing and proposed sports facility lighting within or adjoining the site shall be submitted to and approved in writing by the Local Planning Authority. The assessment must be carried out in accordance with the current best practice and guidance at the time of submission.

Where necessary, the submitted Assessment shall identify a scheme of mitigation to ensure that the proposed development meets the recommended professional standards.

Bund Removal Phasing Plan

12)No works relating to the removal of the existing acoustic bund to the south of Borderville Sports Centre shall commence until a detailed Phasing Plan for the removal of the bund and the implementation of the mitigation measures identified in the Noise Impact Assessment approved under Condition 10 above and Lighting Impact Assessment approved under Condition 11, has been submitted to and approved in writing by the Local Planning Authority. The submitted Phasing Plan shall include:

· The programme for the removal of the bund;

· The programme for the completion of the identified acoustic mitigation measures;

· The programme for the completion of the identified lighting mitigation measures;

· Where necessary, any temporary acoustic mitigation measures to be provided to ensure that the proposed development provides an appropriate internal and external noise level for all existing and future residents, during any period following the removal of the bund and prior to the completion of the alternative acoustic mitigation measures; and

· Where necessary, any temporary lighting mitigation measures to be provided to ensure that the proposed development provides appropriate lighting condition for all residential properties during any period following the removal of the bund, and prior to the completion of the alternative mitigation measures.

Access and Highways

Active Travel Improvements

13)A detailed scheme for active travel connections from the site to Stamford Town Centre along Green Lane / Kings Road (as shown indicatively in Plate 5.1 of the Transport Assessment Addendum by Stantec, March 2024), shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the active travel connections shall be provided in accordance with the Phasing Timetable approved under Condition 6.

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

Estate Road Phasing & Completion Plan

14)Before the development hereby permitted is commenced on each phase, an Estate Road Phasing and Completion Plan for that phase shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall set out how the construction of the development will be phased and the standards to which the estate roads on each phase will be completed during the construction period of the development.

Thereafter, the development shall be carried out in accordance with the approved details.

Reason: To ensure that a safe and suitable standard of vehicular and pedestrian access is provided for residents throughout the construction period of the development.

Travel Plan

15)As part of any reserved matters applications relating to layout, a detailed Travel Plan for that phase shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall be in broad accordance with the approved Framework Travel Plan (Stantec) (Ref: 332210767/2010.4) and shall set out measures for that phase which will contribute to the attainment of the site-wide targets set out within the approved Framework Travel Plan. This shall include a scheme making available 2 free annual travel passes per dwelling for the first year of their occupation.

Thereafter, the Travel Plan shall be implemented in accordance with the approved details prior to first occupation and shall be in place/action for the lifetime of the development.

Reason: In order that the permitted development conforms to the requirements of the National Planning Policy Framework, by ensuring that access to the site is sustainable and that there is a reduced dependency on the private car for journeys to and from the development.

Design Quality and Visual Impact

Design Code and Masterplan

16)Prior to the determination of any reserved matters application, a detailed design code and masterplan covering the whole of the site shall be submitted to, and approved in writing by, the Local Planning Authority. The design code shall be formulated having regard to Parameters Plan (Ref: 5951-PL102A) received 28 May 2024, and shall include the following details:

i. The character area objectives and principles for each part of the site in support of the overall vision for the scheme to guide the design for each component of the development

ii. The proposed movement network delineating the primary, secondary and tertiary streets and pedestrian and cycleway connections, setting out the approach to estate design, treatment of non-vehicular routes and car and cycle parking.

iii. The proposed layout, use and function of all open space and green infrastructure within the development

iv. The approach to and design principles applied to parking (on street and off-street)

v. Layout principles to include urban structure, form and layout of the built environment, building heights, densities, legibility, means of enclosure, key gateways, landmark buildings and key groups

vi. Specifications for areas within the public realm including landscaping and hard surface treatments, lighting, street trees, boundary treatments, street furniture and play equipment

vii. Servicing, including utilities, design for the storage and collection of waste and recyclable materials

viii. The design principles that will be applied to the external appearance and layout of dwellings.

ix. The design principles that will be applied to the development to encourage security and community safety.

x. The specific design principles that will be applied to the local centre

xi. The specific design principles that will be applied to the green infrastructure; and

xii. The design principles for the incorporation of SuDS throughout the development.

Any variations to the approved Design Code shall be submitted to and approved in writing by the Local Planning Authority.

Any reserved matters application for any phase of development shall comply with the principles established.

Reason: To ensure a comprehensive and co-ordinated approach to development.

Drainage

Foul Water Strategy

17)No development shall commence until a strategic foul water strategy has been submitted to and approved in writing by the Local Planning Authority, in consultation with Anglian Water. This should identify the connection point to the 1050mm sewer network along Uffington Road, unless otherwise agreed in writing by the Local Planning Authority, in consultation with Anglian Water.

Prior to the occupation of any phase of the development, the foul drainage works relating to that phase must have been carried out in complete accordance with the approved scheme, or any variation to the approved scheme submitted to and approved in writing by the Local Planning Authority.

Reason: To reduce the impacts of flooding and potential flood risk.

Surface Water Drainage

18)As part of the reserved matters application relating to layout for each phase of the development, a surface water drainage scheme shall first have been submitted to, and approved in writing by, the Local Planning Authority. The submitted scheme must:

i. Be based on the results of evidenced groundwater levels and seasonal variations

ii. Be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development

iii. Provide flood exceedance routing for storm events greater than 1 in 100 year

iv. Provide details of how runoff 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

v. Provide attenuation details and discharge rates which shall be restricted to greenfield runoff rate

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

vii. Provide details of how the scheme shall be maintained and managed for 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.

viii. Provide details of an assessment of the risks to controlled waters.

Thereafter, no dwelling / part of that phase of development shall be occupied / brought into use until the approved scheme has been completed or provided on 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 ensure that the permitted development is adequately drained without creating or increasing flood risk to land or property adjacent to, or downstream of, or upstream of, the permitted development.

Ecology and Arboriculture

Recreational Impact Assessment

19)As part of any reserved matters relating to layout and landscaping of the areas identified as “green open space” on the approved parameters plan, a Recreational Impact Assessment shall be submitted to, and approved in writing by, the Local Planning Authority.

The assessment should include an assessment of direct impacts from the proposed development to the qualifying features of the Barnack Hills and Holes Special Area of Conservation from recreational disturbance.

Reason: To ensure that the proposed development adheres to the requirements of the Conservation of Habitats and Species Regulations 2017, and Local Plan Policy EN2.

Ecological Impact Assessment

20)Before the development hereby permitted is commenced on each phase, an Ecological Impact Assessment and Biodiversity Plan for that phase, shall have been submitted to and approved in writing by the Local Planning Authority.

Thereafter, the development shall be carried out in accordance with the approved details.

Reason: To ensure that the development as a whole achieves a Biodiversity Net Gain as required by Policy EN2 and STM1-H1 of the adopted South Kesteven Local Plan, and in accordance with Section 15 of the National Planning Policy Framework.

Arboricultural Impact Assessment and Tree Protection Plan

21)Before the development hereby permitted is commenced on each phase, a detailed arboricultural method statement and tree protection plan for the protection of retained trees, including a tree protection programme for provision and retention of the tree protection measures within that phase, shall be submitted to and approved in writing by the Local Planning Authority. The method statement and plan shall meet with the standards set out in BS5837:2012 Trees in relation to Design, Demolition and Construction – Recommendations. The protection scheme and plan shall be completely implemented prior to site preparation, clearance on building works starting on that phase, and shall be retained in accordance with the approved programme, unless otherwise agreed in writing by the Local Planning Authority. The protection scheme must include details of all trees to be retained and positioning of tree protection fencing, and ground covers to create construction exclusion zones. No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned in any manner without the prior written approval of the Local Planning Authority.

Reason: In the interests of visual amenity, tree health and for the avoidance of doubt.

Heritage and Archaeology

Written Scheme of Investigation

22)Before the development hereby permitted is commenced, a Written Scheme (WSI) of Archaeological Investigation shall have been submitted to and approved in writing by the Local Planning Authority.

Thereafter, all works on site shall be carried out in accordance with the approved WSI.

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.

Ground Contamination

Land Contamination Risk Management Phase II Investigation

23)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:

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

ii. 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 Policy EN4 of the adopted Local Plan and guidance contained in the NPPF.

During Building Works

Climate Change

Sustainable Construction

24)No development above damp-proof course on each phase shall commence until a Sustainability Statement outlining how the proposed dwellings would comply with the requirements of Local Plan Policy SB1 have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of how carbon dioxide emissions have been minimised through the design and construction of the development, details of water efficiency, and the provision of electric car charging infrastructure.

The approved sustainable construction measures shall be completed in full for each dwelling, in accordance with the agreed scheme, prior to first occupation of each dwelling.

Reason: To ensure that the development mitigates against, and adapts to climate change, in accordance with Policy SB1 of the adopted South Kesteven Local Plan.

Ground Contamination

Precautionary Ground Conditions

25)Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the Local Planning Authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority.

Where unacceptable risks are found, remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority.

These approved schemes shall be carried out before the relevant phase of the development is resumed or continued.

Before the Development is Occupied

Pollution Control

Noise Mitigation – Implementation and Retention

26)Before any dwellings hereby permitted are occupied, the acoustic mitigation measures identified within the Noise Impact Assessment shall have been completed and a Validation Report shall be submitted to, and approved in writing by, the Local Planning Authority, which demonstrates the scientific and technical effectiveness of the noise mitigation measures.

Thereafter, the acoustic mitigation shall be maintained and retained in full for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

Access and Highways

Estate Road Completion Compliance

27)Before any dwelling hereby permitted is occupied, all of that part of the estate road and associated footways that form the junction with the Main Street, Little Casterton Road or Ryhall Road, which will be constructed within the limits of the existing highway, and which serves that dwelling shall be laid out and constructed to finished surface levels in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

Reason: In the interests of safety, to avoid the creation of pedestrian trip hazards within the public highway from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels.

Drainage

Water Supply Strategy

28)Before any development hereby permitted is occupied / brought into use, a potable water strategy shall be submitted to, and approved in writing by the Local Planning Authority, in consultation with Anglian Water. This strategy shall provide confirmation that there is sufficient potable water to supply each phase of the development.

Thereafter, the approved development shall be carried out in accordance with the approved strategy.

Reason: To ensure a supply of potable water to new and existing customers; and to ensure new and existing customers do not suffer from low water pressure.

Ecology and Arboriculture

Landscape and Ecological Management Plan

29)Before any part of the development hereby permitted is occupied / brought into use, a Landscape and Ecological Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. The plan shall include:

i. Long term design objectives

ii. Management responsibilities; and

iii. Maintenance schedules for all landscaped areas, other than privately owned, domestic gardens.

Reason: Soft landscaping makes an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN2 of the adopted Local Plan.

Ground Contamination

Verification Report

30)No part of the development hereby permitted shall be occupied or brought into use until a verification report for that part of the development 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:

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

ii. Photographs of the remediation works in progress; and

iii. 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 details.

Ongoing Conditions

Development Specification

31)The development hereby permitted shall not exceed the following development parameters:

i. Up to 1,350 residential units (Use Class C3 – Dwellinghouses and Use Class C2 – Residential Institutions)

ii. Two-form entry Primary School (Use Class F1)

iii. Up to 3,000 sq. metres Local Centre, to include:

I. Commercial, business and service uses (Retail, restaurant, medical or health facilities, creche or day nursery – Use Class E)

II. Community hall or meeting place (Use Class F2)

III. Public house, wine bar or drinking establishment

IV. Drinking establishment with expanded food provision

V. Hot food takeaway for the sale of hot food where consumption of that food is mostly taken off the premises)

iv. Road between Little Casterton Road and Ryhall Road

v. Removal of existing bund

vi. Associated green infrastructure including provision of public open space, landscaping, formal and informal play areas

vii. Utility provision (including drainage); and

viii. Associated access, potential realignment of part of Ryhall Road, ancillary works and structures.

Reason: To define the permission and for the avoidance of doubt, and to ensure that the development proceeds as assessed.

Ecology and Arboriculture

Landscape and Ecological Management Plan

32)Following first occupation of any dwellings, the approved Landscape and Ecological Management Plan shall be adhered to in full, unless otherwise agreed in writing by the Local Planning Authority.

Reason: Soft landscaping makes an important contribution to the development and its assimilation with its surroundings and in accordance with Policy EN2 of the adopted Local Plan.

(Councillor Patsy Ellis left the meeting at 16:30)

It was proposed, seconded and AGREED to extend the meeting until 17:00.

Supporting documents:

Agenda item

Application S23/0055

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