Agenda item

Proposal: Demolition of existing vacant community facility and construction of 3no. terraced bungalows

Location: Toller Court, Horbling, NG34 0PW

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

 

Proposal: Demolition of existing vacant community facility and construction of 3no. terraced bungalows

Location: Toller Court, Horbling, NG34 0PW

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

 

Noting comments in the public speaking by:

 

Against                           Martin Gray

Agent                             Lucy Best – Chartered Architect for William Saunders

 

Together with:

 

-       Provisions within South Kesteven Local Plan 2011-2036, Design Guidelines for Rutland and South Kesteven Supplementary Planning Document, National Planning Policy Framework (NPPF).

-       No comments received from Environment Agency.

-       Comments received from SKDC Environmental Protection.

-       Comments received from Anglian Water.

-       Comments received from Lincolnshire County Council (Highway and Lead Local Flood Authority Report)

-       Comments received from National Grid.

 

The following comments were made by public speakers:

 

-       Inappropriate location which would cause harm to community asset.

-       Impact on right of way traffic and the potential loss of public right of way via a footpath.

-       Concern over retention of mature hedgerows.

-       Concern was raised on obstruction to the National Grid power station on the site.

-       Concern on the effect of wildlife and habitats.

 

-       The agent confirmed the site had been vacant for over 5 years and was underutilised land.

-       The proposed dwellings would be delivered as social housing to meet local demand for affordable homes.

-       Anglian Water had withdrawn their objection providing a build-over agreement is included as a condition.

-       The scheme would provide 5 on-site parking spaces.

-       Open green space would be retained and accessible and no trees or hedgerows would be lost.

-       Vehicular access to the sub-station would remain unchanged and unobstructed.

 

During questions to public speakers, Members commented on the following:

 

-       Whether the existing public footpath would be affected, diverted or changed in any way.

 

The agent confirmed the existing public footpath would be changed due to car parking, however, would be of the same length and same areas could still be accessed. Furthermore, no hedgerows or trees would be removed.

 

-       Whether the applicant had liaised with Lincolnshire County Council on diverting the public footpath.

 

Planning Officers had checked with Lincolnshire County Council in terms of their countryside and right of way team. There was no legal right of way that crossed their land.

 

-       Whether there would be any impact on the electricity supply to the village or problems accessing the sub-station on site.

 

The agent clarified the low voltage wires would be protected during construction and they would work with National Grid during construction to ensure that no damage comes to the cables and effects the electricity supply.

 

The Anglian Water agreement was outside of the planning regime and a condition was not necessary.

 

Final Decision:

 

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

 

Time Limit for Commencement

1        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

 

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

i.         Site Location Plan, drawing ref. 12802-WMS-ZZ-XX-D-A-10202-S2-P03 (received 29/08/25)

ii.        Proposed Block Plan, drawing ref. 12802-WMS-ZZ-ZZ-D-Z-10002-S2-P03 (received 29/08/25)

iii.       Proposed Site Layout, drawing ref. 12802-WMS-ZZ-ZZ-D-A-1001-S2-P05 (received 29/08/25)

iv.       Proposed Floor Plans, drawing ref. 12802-WMS-ZZ-00-D-A-10400-S4-P02 (received 29/08/25)

v.        Proposed Elevations, drawing ref. 12802-WMS-ZZ-ZZ-D-A-10600-S4-P02 (received 29/08/25)

vi.       Preliminary Drainage Layout, drawing ref. 12802-WMS-ZZ-XX-D-C-39201-S8-P1 (received 29/08/25)

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

Demolition Management Plan

3        Before the development hereby permitted is commenced (including any demolition works), the method of demolition of the existing building(s) shall have been submitted to and approved by the Local Planning Authority.

The development must be carried out in accordance with the approved details.

 

Reason: The site is in a sensitive location and in order to protect neighbouring properties the working methods will need to be carefully considered.

Construction Management Plan

4        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.

The Construction Management Plan and Method Statement shall include:

• Controls for dust and noise
• 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;
• the routes of construction traffic to and from the site including any off site routes for the disposal of excavated material.
• Details of proposed hedgerow protection during construction

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

Contaminated Land

5        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 notified immediately. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must 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 must be prepared, which is subject to the approval in writing of the Local Planning Authority.

          Reason: To ensure the safe management of the site in accordance with Policy EN4 and DE1 of the Local Plan.

During Building Works

Hard Landscaping Details

6        Before the development hereby permitted is commenced, details of hard landscaping works shall have been submitted to and approved in writing by the Local Planning Authority. Details shall include:

i.         proposed finished levels and contours;

ii.        means of enclosure;

iii.       car parking layouts;

iv.       other vehicle and pedestrian access and circulation areas;

v.        hard surfacing materials;

vi.       minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.);

vii.      proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.);

viii.     retained historic landscape features and proposals for restoration, where relevant.

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.

Soft Landscaping Details

7        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.

Sustainable Building

8        Before any works on the external elevation of the development hereby permitted are begun, details demonstrating how the proposed development would comply with the requirements of Local Plan Policy SB1 must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of how carbon dioxide emissions would be minimised through the design and construction of the building; details of water efficiency; and the provision of electric car charging points.

The approved sustainable building measures shall be completed in full, in accordance with the agreed scheme, prior to the first occupation of the dwellings hereby permitted.

Reason: To ensure the development mitigates and adapts climate change in accordance with Local Plan Policy SB1.

Before the Development is Occupied

Hard Landscaping Implementation

9        Before any part of the development hereby permitted is occupied/brought into use, all hard landscape 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.

 

Soft Landscaping Implementation

10       Before the end of the first planting/seeding season following the occupation/first use of any part of the development hereby permitted, all soft landscape works shall have been carried out in accordance with the approved soft landscaping details.

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.

Materials Implementation

11       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 Conditions

Soft Landscaping Protection

12       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.

Informatives

Highway Informative 02

In accordance with Section 59 of the Highways Act 1980, please be considerate of causing damage to the existing highway during construction and implement mitigation measures as necessary. Should extraordinary expenses be incurred by the Highway Authority in maintaining the highway by reason of damage caused by construction traffic, the Highway Authority may seek to recover these expenses from the developer.

Highway Informative 04

The road serving the permitted development is approved as a private road which will not be adopted as a Highway Maintainable at the Public Expense (under the Highways Act 1980). As such, the liability for the future maintenance of the road will rest with those who gain access to their property from it.

Highway Informative 08

Please contact the Lincolnshire County Council Streetworks and Permitting Team on 01522 782070 to discuss any proposed statutory utility connections, Section 50 licences and any other works which will be required within the public highway in association with the development permitted under this Consent. This will enable Lincolnshire County Council to assist in the coordination and timings of these works. For further guidance please visit the Highway Authority’s website via the following link: Traffic Management - https://www.lincolnshire.gov.uk/traffic-management

          Biodiversity Net Gain Informative

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:

(a) a Biodiversity Gain Plan has been submitted to the planning authority, and

(b) the planning authority has approved the plan.

The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be South Kesteven District Council.

There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.

Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.