Agenda item

Proposal: Demolition of the existing grain store and erection of five dwellings

Location: Grain Store, Station Road, Twenty, PE10 0AZ

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

Proposal: Demolition of the existing grain store and erection of five dwellings

Location: Grain Store, Station Road, Twenty, PE10 0AZ

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

 

Noting comments in the public speaking session by:

 

District Ward Councillor             Councillor Zoe Lane

Applicant                                    Simon Thompson

 

Together with:

 

·       Provisions within SKDC Local Plan 2011-2036, National Planning Policy Framework (NPPF) and Supplementary Planning Document.

·       Comments received from LCC Highways & SuDS.

·       Comments received from Lincolnshire Wildlife Trust.

·       No comments received from Bourne Town Council.

·       Comments received from Environmental Protection.

·       No comments received from Environment Agency.

·       Comments received from Natural England.

·       Comments received from Bourne Civic Society.

 

(Councillor Vanessa Smith joined the meeting at 13:36).

 

During questions to Public Speakers, Members commented on:

 

The Assistant Director of Planning raised significant concerns in planning law, following a statement read provided by the District Ward Councillor. There was clear case law in this instance that indicated fallback position being a material consideration and must be given regard to. In doing so, three tests would need to be applied:

 

-       Whether there was lawful ability to undertake the fallback position and whether the permission could be legally undertaken.

-       Likelihood or real prospect of it occurring, if so;

-       The third test would be to make a comparison between the proposed development and the fallback position.

 

·       Clarification was sought on footprint changing.

 

The current application was slightly larger site with a larger footprint as the proposal was for a number of dwellings opposded to the conversion of a single building, as previously submitted. This meant a potential conflict in terms of the plan for a different site.

 

Members were requested to consider whether in planning terms, this proposal was a betterment from the fallback position in relation to harm.

 

·       Whether the proposal site contradicted Policy SP4.

 

The Case Officer evaluated the application on Policy SP5 and assessed the application in terms of it’s compliance with the development plan. This included making an assessment against the spatial policies. Once an assessment had been completed, the fallback position would then be taken into account.

 

The report set out that making the spatial assessment and a clear conflict with the spatial policy had been identified. The fallback position would be taken into account that establishes the principle of five dwellings on the site. Planning considerations were important to consider in relation to character, appearance and impact on residential amenity. The fallback position was a material consideration that outweighed the conflict of policies.

 

·       Clarification around the increase in size of the application, in relation to the previous application.

 

This application was 34sqm larger than the previous application.

 

·       Whether the brick and stonework of the proposed dwellings would be within keeping of the local area.

 

The buildings would be brick with slate or pantile roofing, which would be within keeping of the local area.

 

·       Concern was raised on ridge height and the chimneys proposed due to net zero carbon ambitions.

 

The ridge heights and chimneys were proposed to be in keeping with the current site.

 

·       Whether the site had access to any sewage facility and what sewage arrangements would be in place for the site. 

 

The site was close to a communal off site sewage facility that may have capacity for this site. Alternatively, a private package termination unit or a digester unit would be installed for each dwelling, which was common for rural locations.

 

·       Whether the buildings would be rendered.

 

It was clarified that the buildings were not rendered and were just a brick design.

 

·       Further information was requested on sewerage arrangements and whether the footprint of the site would need to be expanded to cater for a sewerage facility.

 

Sewerage arrangements had not yet been explored fully due to the application not receiving approval at present. Ideally, the site would be connected to the existing sewerage treatment plant.

 

During questions to Officers, Members commented on:

 

The Development Management Planned clarified that Environment Agency had made comment regarding sewerage within the report. The sewerage was to be disposed of using a septic tank, other sewerage arrangements were suggested within guidance. The type of sewerage arrangements made would be subject to environmental permits and building control, which would be dealt with separately.

 

·       That this proposal was similar to existing buildings surrounding the site.

 

It was clarified that the proposal was south facing, therefore, more light would be coming through to the existing, surrounding properties.

 

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

 

Time Limit for Commencement

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

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

                      i.         Drawing No.115210 Proposed Block Plan

                     ii.         Drawing No.115211 Proposed Elevation Plans Plots 1 and 2

                    iii.         Drawing No.115212 Garage Floor and Elevation Plan Plot 1

                   iv.         Drawing No.115213 Garage Floor and Elevation Plan Plots 2 and 3

                     v.         Drawing No.115214 Proposed Elevation Plans Plots 2, 3 and 5

                   vi.         Drawing No.115215 Garage Floor and Elevation Plan Plots 4 and 5

                  vii.         Site Location Plan

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

No development shall take place until a Construction Management Plan and Method Statement has been submitted to and approved in writing by the Local Planning Authority which shall indicate measures to mitigate against traffic generation and drainage of the site during the construction stage of the proposed development.  The Construction Management Plan and Method Statement shall include:-

·       phasing of the development to include access construction;

·       the parking of vehicles of site operatives and visitors;

·       loading and unloading of plant and materials;

·       storage of plant and materials used in constructing the development;

·       wheel washing facilities;

·       the routes of construction traffic to and from the site including any off-site routes for the disposal of excavated material;

·       strategy stating how surface water run off 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 (permanent or temporary) connect to an outfall (temporary or permanent) during construction.

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

Reason:  To prevent disturbance to the amenities of residents living in the locality and in accordance with Policies EN4 and DE1 of the adopted South Kesteven Local Plan.

Before the development hereby permitted is commenced, a scheme relating to the survey of the land for contamination shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

                      i.         A desk top study documenting all the previous and existing land uses of the site and adjacent land;

                     ii.         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

                    iii.         A detailed scheme for remedial works 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.

                   iv.         Shall include the 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 the future residents and users of the development; and in accordance with Policies EN2 and EN4 of the adopted South Kesteven Local Plan and national guidance contained in the NPPF.

During Building Works

Before any of the works on the external elevations for the building(s) hereby permitted are begun, a detailed specification 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.

‘Construction work' shall only be carried out between the hours of 7:30 am to 6:00 pm Monday to Friday and 9:00 am to 1:00 pm on a Saturday. Construction work shall not be carried out on Sundays or Public Holidays.

The term 'construction work' shall include mobile and fixed plant/machinery, (e.g., generators) radios and the delivery of construction materials.

Reason:  To prevent disturbance to the amenities of residents living in the locality and in accordance with Policies EN4 and DE1 of the adopted South Kesteven Local Plan.

During construction work, deliveries of construction materials shall only take place between 8:00 am and 5:00 pm, Monday to Friday and between 9:00 am and 5:00 pm on a Saturday. No deliveries shall take place on a Sunday or Public Holiday.

Reason: In order to minimise noise impacts on the occupiers of adjacent residential dwellings, in accordance with Policy DE1 of the South Kesteven Local Plan.

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with 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. The remediation strategy shall be implemented as approved.

Reason: To ensure that the proposed development not cause pollution in the interests of the amenities of the future residents and users of the development; and in accordance with Local Plan Policy EN4.

Before any construction work above ground is commenced, details of any soft landscaping works shall have been 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;

 

Reason: Soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings and in accordance with Policies DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

 

Before the Development is Occupied

The development shall be carried out in accordance with the submitted flood risk assessment undertaken by S M Hemmings, dated 14 March 2024, and the following mitigation measures it details:

§  Finished floor levels shall be set no lower than 2.6 metres above Ordnance Datum (AOD)

§  The development shall have at least two storeys

These mitigation measures shall be fully implemented prior to occupation and subsequently shall be retained and maintained thereafter throughout the lifetime of the development.

Reason:  To reduce the risk of flooding to the proposed development and future occupants in line with Policy EN5 of the South Kesteven Local Plan.

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.

Before any part of the development hereby permitted is occupied, a verification report confirming that remedial works have been completed shall have been submitted to and approved in writing by the Local Planning Authority should any contaminated land be identified by the above condition. The report shall have been submitted by the nominated competent person approved, as required by condition above. The report shall include:

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

ii.        As built drawings of the implemented scheme;

iii.       Photographs of the remediation works in progress; and

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

 

The scheme of remediation shall thereafter be maintained in accordance with the approved 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 the future residents and users of the development; and in accordance with Policies EN2 and EN4 of the adopted South Kesteven Local Plan and national guidance contained in the NPPF.

Before any part of the development hereby permitted is occupied/brought into use, all hard landscape and soft landscaping works shall have been carried out in accordance with the approved hard landscaping details.

Reason: Hard 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.

The development hereby permitted shall not be occupied before a footway to connect the development to the existing footway network, has been provided in accordance with details that shall first have been submitted to, and approved in writing by, the Local Planning Authority. The works shall also include appropriate arrangements for the management of surface water runoff from the highway.

Reason: To ensure the provision of safe and adequate pedestrian access to the permitted development, without increasing flood risk to the highway and adjacent land and property.

Ongoing

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 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 in accordance with Policies DE1, EN3 and OS1 of the adopted South Kesteven Local Plan.

 

(The Committee adjourned at 14:50 for 10 minutes).

 

(Councillor Paul Fellows left the meeting at 14:50).