Agenda item

Proposal: Proposed demolition of Class Q consented barn and erection of a detached dwelling, hard and soft landscaping and formation of a re-wilding Zone

Location: Wildwood, Nightingale Lane, Aisby, NG32 3NE

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

Proposal: Proposed demolition of Class Q consented barn and erection of a detached dwelling, hard and soft landscaping and formation of a re-wilding Zone

Location: Wildwood, Nightingale Lane, Aisby, NG32 3NE

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

 

Noting comments in the public speaking session by:

 

Against                                         Simon Jones

Applicant Agent                            John Dickie

 

Together with:

 

·       Provisions within SKDC Local Plan 2011-2036, National Planning Policy Framework and Design Guidelines for Rutland and South Kesteven (November 2021).

·       Comments received from LCC Highways & SuDS.

·       Comments received from Lincolnshire Wildlife Trust.

·       Comments received from Heydour Parish Council.

·       No comments received from Environmental Protection.

·       No comments received from Historic England.

 

During questions to Public Speakers, Members commented on:

 

·       Clarification was sought around the objector’s property in relation to the proposal.

 

The Committee were shown a Google earth aerial view to provide a visual representation.

 

During question to Officers and debate, Members commented on:

 

·       Whether the proposal was for a separate dwelling and whether the garden was included within the application.

 

The application was for a standalone dwelling house with its own residential curtilage including landscaping within the access point and garden.

 

·       Whether further information could be provided on the materials used for thermal efficiency.

 

A pre-commencement condition requested details of materials being used for thermal efficiency.

 

It was confirmed that the property closest to the proposal was an outbuilding.

 

·       Whether any boundary treatments would screen the 2 proposed windows from the neighboring property.

 

The Planning Officer confirmed the separation distance between the neighbor was to a certain standard and was assessed against the fallback position.

 

·       The approximate distance between the proposal, Hawthorne House and Wildwood was queried.

 

It was confirmed there was 100 meters between the proposal and Hawthorne House and Wildwood.

 

It was suggested a condition be included on the requirement for landscaping edging to prevent any overlooking.

 

Condition 9 required details of a soft landscaping scheme to be submitted. An informative would be suitable to request further planting along boundaries for native species.

 

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning 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.JDA 202-0755-LOCATION.001 Location Plan

                     ii.         Drawing No.JDA 2024-0755-SITE.001A Proposed Site Plan

                    iii.         Drawing No.JDA 2024-755-FLOORS-ELEVS.001A Proposed Floor Plans and Elevations

                   iv.         Drawing No.JDA 2024-0755-LIGHTING.001Proposed Lighting

 

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

 

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

 

During construction of the development hereby permitted, the approved Construction Management Plan October 2024 (Drawing No.JDA/2024/755/CEMP/001) shall be adhered to in full unless otherwise agreed in writing by the Local Planning Authority.

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

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

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.

 

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.

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.

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.