Agenda item

Proposal: Outline application for up to 268 residential dwellings (Use Class C3), up to 80 bed care home (Use Class C2), local centre, and public open space with associated access, landscaping, drainage and infrastructure (Access for approval only)

Location: Land at Exeter Fields, Stamford

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions and the completion of a Section 106 Agreement

Proposal: Outline application for up to 268 residential dwellings (Use Class C3), up to 80 bed care home (Use Class C2), local centre, and public open space with associated access, landscaping, drainage and infrastructure (Access for approval only)

Location: Land at Exeter Fields, Stamford

Recommendation: To authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions and the completion of a Section 106 Agreement.

 

Noting comments in the public speaking session by:

 

District Ward Councillor:	Councillor Richard Cleaver Councillor Susan Sandall (Written statement) Councillor Rhea Rayside (Written Statement)
Stamford Parish Councillor:	Councillor Barry Devereux
Against:	Carl Killgren
Applicant:	Andrew McPheat

 

Together with:

 

·       South Kesteven Local Plan 2011-2036 (Adopted January 2024)

·       Stamford Neighbourhood Plan 2016-2036 (Made July 2022)

·       Design Guidelines for Rutland and South Kesteven Supplementary Planning Document (Adopted November 2021)

·       National Planning Policy Framework (NPPF) (Published December 2023)

·       South Kesteven Local Plan Review 2021 – 2041 (Regulation 18 Draft)

·       Representations received from Anglian Water

·       Representations received from Cadent Gas

·       Representations received from Heritage Lincolnshire

·       Representations received from Lincolnshire County Council (Education)

·       Representations received from Lincolnshire County Council (Highways & SuDS)

·       Representations received from National Highways

·       Representations received from NHS Lincolnshire Integrated Care Board

·       Representations received from Peterborough City Council

·       Representations received from SKDC Affordable Housing Officer

·       Representations received from SKDC Environmental Protection

·       Representations received from Stamford Civic Society

·       Representations received from Stamford Town Council

 

During questions to Public Speakers, Members commented on the following:

 

-       The District Councillor was questioned about the level of interest in the site as there was speculation amongst some Members that there had been a lack of interest. The District Councillor rebuked this.

-       The comment was made that employment land around Stamford was particularly coveted given that Stamford was largely bordered by other local authorities.

-       The Parish Councillor was questioned about the infrastructure in Stamford to support proposals should the application be successful. It was the view of the Parish Councillor that the infrastructure in Stamford would be insufficient. Speaking on behalf of Stamford Town Council, the Parish Councillor expressed that it was the priority of the Town Council for the site to remain as employment land.

-       It was confirmed that Stamford had its own Neighbourhood Plan and whilst it was not known how the site was allocated within the Neighbourhood Plan, the site was categorised as being within the ‘inner wheel’ of the Plan.

-       The agent confirmed that repeated and extensive efforts over the previous decade had been made to source a company interested in using the site for employment. These efforts included an intensive marketing campaign targeting both smaller, local businesses and national businesses. Planning Officers verified that such efforts had been made.

-       It was queried whether individual sections of the site had been advertised to small-medium sized enterprises, rather than the full site which would likely be unaffordable and unsuitable for them. The applicant confirmed this.

-       The applicant confirmed that their commitment to facilitating a medical centre, should the NHS wish to utilise it, would last a minimum of three years from the date that planning permission was granted. Therefore, the applicant had been engaging with the Integrated Care Board. Confirmation was also given that the land had not previously been allocated for healthcare purposes.

-       The applicant confirmed that the site would be completed in a single development phase.

 

It was proposed, seconded, and AGREED to extend the meeting until 17.30.

 

During questions to officers and debate, Members commented on the following:

 

-       It was confirmed that the application had been assessed against the Local Plan and the Neighbourhood Plan.

-       A Member commented that even if there was insufficient business interest currently, the land should be kept to futureproof for employment land opportunities in future should interest emerge.

-       It was confirmed that the amenities and safety mitigation measures would be included within the phasing plan conditions.

-       The location of the biodiversity net gain (BNG) was confirmed to be off-site, but immediately adjacent.

-       It was queried whether a three-year period was sufficient for the Internal Care Board (ICB) to decide whether to implement a GP surgery on the site. Confirmation was given that three years was sufficient as too long could allow the ICB to move without haste.

-       A member commented that whilst land allocated for employment was proposed now for mixed use with housing, the applicant had confirmed the provision of the care home and centre with shops and doctors surgery would provide employment and support small businesses

-       A member commented that the applicant had clearly attempted to sell the land for employment use over a prolonged period of time but had been unsuccessful.

-       A member commented that there is an elderly population in Lincolnshire and need for care home accommodation.

-       A member noted the residents concerns that other applications had gone forward with communal amenities not provided with developers stopping just before key trigger points and queried if this could be conditioned. Officers confirmed that details of the phasing of the development would be secured by the proposed phasing condition.

-       It was noted that the crossing near the school had not been provided as part of an earlier application and therefore should be provided in the first stage of this application. Officers were asked if this could be conditioned.

 

Following discussions, it was proposed, seconded, and AGREED to authorise the Assistant Director – Planning to GRANT planning permission, subject to conditions and the completion of a Section 106 Agreement.

 

Time Limit for Commencement

 

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, which ever is the latter. 

 

Reason: In order that 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 

 

2) Details of the reserved matters set out below shall have been submitted to the Local Planning

Authority for approval within three years from the date of this permission:

 

i. Appearance

ii. Layout

iii. Landscaping iv. Scale

 

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

 

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)

 

Approved Plans

 

Approved Plans

 

3) The development hereby permitted shall be carried out in accordance with the following list

of approved plans: 

 

a. Site Location Plan (Ref: COMU3000_01/Rev A)

b. Proposed Site Access with Crossing Points and Bus Stops (Ref:

23/215/TR/003/Rev B)

 

Unless otherwise required by another condition of this permission. 

 

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

 

Parameter Plan

 

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

 

                        i.         Parameter Plan (Ref: COMU3000_02/Rev G)

 

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 Development is Commenced

 

Phasing Plan

 

Prior to the determination of the first reserved matters application, a detailed phasing plan for the development demonstrating phasing of the construction of the development hereby approved, and the extent of each phase, shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out in accordance with the approved details, unless alternative phasing details are 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.

 

Meeting All Housing Needs

 

Part M4(2) Details

 

5) Before any part of the development hereby permitted commences, a plan indicating the provision of 10% of the residential dwellings (Use Class C2) to be provided as Accessible and Adaptable in line with the standards set out in Part M4(2) of the Building Regulations shall have been submitted to and approved in writing by the Local Planning Authority. 

 

Thereafter, the development shall be completed in accordance with the approved details and the dwellings shall be retained as such for the lifetime of the development. 

 

Reason: To ensure that the development meets the needs of all future residents as required by Policy H4 of the adopted Local Plan. 

 

Residential Amenity

 

Construction and Environmental Management Plan

 

6) Before the development hereby permitted is commenced, a detailed Construction and Environmental Management Plan (CEMP) 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 and site operatives

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. Ecological Management Plan, including appointment of an Ecological Clerk of Works,

and the implementation of Natural England licences as required. 

 

Any variation to 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 any unacceptable adverse impacts on highways, drainage and ecological assets. 

 

Noise Impact Assessment

 

7) As part of any reserved matters applications, a detailed Noise Impact Assessment considering the impact of the development and its location adjacent to the A1, shall be submitted to and approved in writing by the Local Planning Authority. The Assessment must be carried out in accordance with 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 or the submission of a Noise Management Plan, 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.  

 

Access and Highways 

 

Estate Road Phasing & Completion Plan

 

8) Before any part of the development hereby permitted is commenced, an Estate Road Phasing and Completion Plan 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 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 a safe and suitable standard of vehicular and pedestrian access is provided for residents throughout the construction period of the development. 

 

Travel Plan

 

9) Before any part of the development hereby permitted is commenced, a site-specific Travel Plan shall be submitted to ad approved in writing by the Local Planning Authority. The Travel Plan shall be in broad accordance with the approved Framework Travel Plan (Bryan G Hall) (June 2024) and 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 in accordance with the approved timescales. 

 

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 there is a reduced dependency on the private car for journeys to and from the development. 

 

Drainage

 

Surface Water Drainage

 

10) As part of any reserved matters application relating to layout, a surface water drainage scheme shall have first 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. Where necessary, 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 runoff rate for the undeveloped site. 

v. Where necessary, provide attenuation details and discharge rates which shall be

restricted to the 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 will 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. 

 

Thereafter, no part of the 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 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. 

 

Site Levels and Groundworks Strategy

 

11) Prior to the determination of the 1st 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 by 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: To ensure that the proposed 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; and in the interests of visual and residential amenity. 

 

Biodiversity / Ecology

 

Arboricultural Method Statement and Tree Protection Plan

 

12) Notwithstanding the submitted details, before the development hereby permitted is commenced, a detailed arboricultural method statement and tree protection plan for the protection of retained trees, including a tree protection programme for the provision and retention of trees 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 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. 

 

Ground Contamination

 

Land Contamination Risk Management Phase II Investigation

 

13) 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. 

 

Archaeology 

 

Archaeological Investigation

 

14) Before the development hereby permitted is commenced, a written scheme of archaeological investigation shall have been submitted to and approved in writing by the Local Planning Authority. 

 

Thereafter, the archaeological investigations shall be completed in accordance with the approved details. 

 

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. 

 

During Building Works

 

Climate Change

 

Sustainable Construction

 

15) No development above damp-proof course shall commence until a Sustainability Statement outlining how the proposed development would comply with the requirements with Local Plan Policy SB1 has 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/building in accordance with the agreed scheme, prior to first occupation/use of each dwelling/building. 

 

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

 

Before the Development is Occupied

 

Residential Amenity

 

Noise Mitigation – Implementation and Retention

 

16) Before any residential dwelling (Use Class C3) or care home unit (Use Class C2) is 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 for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority. 

 

Reason: To ensure that the proposed development does not give rise to any unacceptable impacts on residential amenity.  

 

Access and Highways

 

Access Implementation

 

17) Before any part of the development hereby permitted is occupied or first brought into use, the works to proposed access and works to improve the public highway (by means of a signalised junction with Arran Road, two enhanced and relocated bus stops and a signalised pedestrian crossing opposite Malcom Sargent Primary School along with all associated works) (as shown on drawing ref: 23/215/TR/003/Rev A) shall have been certified complete by the Local Planning Authority. 

 

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

 

Estate Road Completion Compliance

 

18) Before any part of the development hereby permitted is occupied or brought into use, all of that part of the estate road and associated footways that form the junction within the main road or Empingham Road, which will be constructed within the limits of the existing highway, and which serves that part of the development, 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 hazards within the public safety from surfacing materials, manholes and gullies that may otherwise remain for an extended period at dissimilar, interim construction levels.

 

Biodiversity / Ecology

 

Landscape and Ecological Management Plan

 

19) 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

 

20) 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. 

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. 

 

Ongoing Conditions

 

Development Specification

 

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

 

i. Up to 268 residential dwellings (Use Class C3 – Dwellinghouses)

ii. Up to 80-bed residential care home (Use Class C2 – Residential Institutions)

iii. Up to 1,788 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. Public house, wine bar or drinking establishment

iii. Drinking establishment with expanded food provision

iv. Hot food takeaway for the sale of hot food where consumption of that food is

mostly taken off the premises.

iv. Associated green infrastructure including provision of public open space, landscaping

and informal play areas. 

v. Utility provision (including drainage); and

vi. Associated access and ancillary works.

 

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

 

Residential Care Home (Use Class C2)

 

22) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking or re-enacting that order with or without modification), the proposed 80-bedroom residential care home (Use Class C2) shall only be used for those purposes and for no other purpose (including any other use falling within Class C2 of the Order). It shall comprise of individual rooms within a residential building where a high level of care (as defined in the Order) is provided to meet all activities of daily living. It shall not include support services for independent living, such that occupiers have independent “dwellings”. 

 

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

 

Biodiversity / Ecology

 

Landscape and Ecological Management Plan

 

23) Following first occupation of any part of the development hereby permitted, 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.