Agenda item

Proposal: Section 73 application to vary condition 2 (approved plans) of S20/1862 Amendments to Plot 3 house type

Location: Osier Farm, 141B Eastgate, Deeping St James

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission

 

Proposal: Section 73 application to vary condition 2 (approved plans) of S20/1862 Amendments to Plot 3 house type

 

Location: Osier Farm, 141B Eastgate, Deeping St James

 

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission

 

Noting comments in the public speaking session by:

 

-Cllr Phil Dilks – As Ward Member.

-Statement read by Democratic Services on behalf of the Chairman of Deeping St James Parish Council.

 

Together with:

 

-Provisions within the SKDC Local Plan 2011-2036.

-Provisions within the National Planning Policy Framework (NPPF).

-Provisions within the Neighbourhood Plan.

-Provisions within the Design Guidelines for Rutland and South Kesteven.

-Comments received from LCC Highways and SuDS.

-Comments received from SKDC Conservation Officer

-Comments received from Deeping St. James Town Council

-Comments received from Market and West Deeping Ward Councillors.

-No comments received from Deepings Neighbourhood Plan Group.

 

 

During questions to Public Speakers, Members commented on:

 

-The increase in height that was being proposed. This was confirmed to be an increase of 1.75 metres from 7 metres to 8.75 metres.

 

-The report from the Conservation Officer stating that this would have a ‘neutral impact’ upon the significance of the listed building, in the context of the surrounding plots.

 

-Whether the original application was for a three-storey building and, if not, at what point did the application change to seek three-storey approval. The Ward Member acting as speaker confirmed that the original plans had been for two-storey approval, however, it has become three-storey as a result of this application.

 

-Any objections raised by neighbours. The Ward Member acting as speaker confirmed that no objections from neighbours had been raised.

 

 

During questions to Officers and debate, Members commented on:

 

-The distance between Osier Farm and the nearest point of the proposed plots. The Assistant Director of Planning confirmed this to be 76.195 metres from the Supplementary papers.

 

-One Member identified that from Eastgate, the building on Plot 2 would shield Plot 3, subsequently minimising the impact of the height increase. This is also considering that there is a slight slope on the Eastgate Road.

 

-The reality of the slope was disputed by some Members; however, this was confirmed by the Officer.

 

It was proposed, seconded and AGREED to authorise the Assistant Director of Planning to grant Planning Permission.

 

It was proposed, seconded and unanimously AGREED to extend the Planning Committee meeting beyond the initial three hours for another 40 minutes.

 

Cllr Fellows and Cllr Smith left the meeting.

 

 

Time Limit for Commencement

1.    The development hereby permitted shall be commenced before the expiration of three years from the date of permission Ref. S20/1862.

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:

Drawing No.MSP.1517.001A Site Location Plan, received 29 October 2020

Drawing No.1837.A.1b Proposed Block Plan, received 19 April 2021

Drawing No.1837.A.2a Plot 1 drawings received 19 April 2021

Drawing No. 4533 D2-1 Rev A House Plot 2 Plan and Elevations received 4 March

2024

Drawing No. 4533 D100 Site Plan Plot 2 received 14 December 2023 (insofar as it

relates to Plot 2 only)

Drawing No.D01 Rev A Site Plan Plot 3 received 3 July 2024 (insofar as it relates to

Plot 3 only)

Drawing No.D02 Rev A Plot 3 Floor Plans received 3 July 2024

Drawing No.D03 Rev A Plot 3 Elevations received 3 July 2024

Drawing No.D04 Plot 3 Garage Plans and Elevations received 3 July 2024 (insofar

as it relates to Plot 3 only)

Drawing No. D01 Site Plan Plot 4 received 22 May 2024 (insofar as it relates to Plot

4 only)

Drawing No. D02 Plot 4 Plan and Elevations received 22 May 2024

Drawing No. D03 Plot 4 Garage Plan and Elevations received 22 May 2024 (insofar

as it relates to plot 4 only)

Drawing No. D-03 Rev A Plot 5 Proposed Floor Plan and Elevations received 13

March 2024

Drawing No. D-01 Rev A Site Plan received 23 April 2024 (insofar as it relates to

Plots 5 and 6 only)

Drawing No. D-02 Rev A Plot 6: Barn Proposed Floor Plans and Elevations received

5 March 2024

Drawing No. D-04 Plot 5 & 6 Garage plans received 27 December 2023 (insofar as it

relates to Plots 5 & 6 only)

Drawing No.1837.A.8 Plot 7 Conversion and extension of cart barn received 29

October 2020

Drawing No.1837.a.10 Garages plans 4, 7 and 8 received 29 October 2020

Drawing No.D-05 Osier Farmhouse Garage Plan and Elevations received 27

     December 2023 (insofar as it relates to Osier Farmhouse Only)

Unless otherwise required by another condition of this permission.

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

 

Prior to Commencement

3.    The archaeological investigations shall also have been completed in accordance with the approved details before 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 and Paragraph 199 of the NPPF.

During Building Works

 

Should the developer during excavation and construction works of the said development site find any area of the site where it is suspected that the land is contaminated then all works must stop and the local planning authority shall be notified immediately. An investigation and risk assessment shall be undertaken and where remediation is necessary a remediation scheme shall be prepared in accordance with current good practice and legislation and submitted to and approved by the Local Planning Authority, and the approved remediation shall thereafter be implemented. Following completion of measures identified in the approved

remediation scheme a verification report shall be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

Reason: To ensure the satisfactory development of the site.

Before the Development is Occupied

 

4.    The development hereby approved shall proceed fully in accordance with the recommendations within the Ecology and Protected Species Survey report by Inspired Ecology Ltd dated October 2019.

Reason: To ensure that satisfactory provision is made to safeguard the habitat of protected species that may be present on site.

5.    Before any dwelling hereby permitted is occupied, radius kerbs should be provided on either side of the access so that it has the appearance of a private road junction. The radius kerbs should be dropped so as not to impede the passage of wheelchairs and perambulators.

Reason: In the interests of highway safety to accord with Section 9 of the NPPF (2023).

6.    Before any part of the development hereby permitted is occupied/brought into use electric vehicle charging points shall be made available for use by each dwelling and shall be retained as such for the lifetime of the development.

Reason: To ensure that the development contributes to low carbon travel in accordance with Policy SB1 of the South Kesteven Local Plan (2020).

7.    Before any part of the development hereby permitted is occupied/brought into use, the external elevations shall have been completed using only the materials stated in the materials schedule received 8 August 2024 unless otherwise agreed 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.

8.    Before any part of the development hereby permitted is occupied/brought into use, the external surfaces 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.

Ongoing

9.    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 building, enclosure, swimming or other pool or container used for domestic heating purposes shall be constructed within the curtilage of the dwellinghouse without Planning Permission first having been granted by the Local Planning Authority.

     Reason: The Local Planning Authority considers that further development could cause detriment to the amenities of the occupiers of nearby properties or to 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.

10.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 to the property other than those expressly authorised by this permission shall be carried out without Planning Permission first having been granted by the Local Planning Authority.

Reason: To safeguard the amenities of the occupiers of nearby properties.